TERMS OF USE
Last update: 2018-12-07
Welcome to the website (hereinafter referred to as the “Website”) operated by Agri-clé inc. (hereinafter “Agrikey” or “we”). In order to visit and/or use the Website, you must abide by certain terms, conditions and rules which are set forth in these Terms of Use.
These Terms of Use are a contract between the user ("you" or the "user") and Agrikey. You agree to these Terms of Use by using the Website. If you do not wish to be bound by these Terms of Use, you must stop using the Website.
Purpose of Website
Agrikey is pleased to welcome you on its Website which provides informations on the products offered by Agrikey and allows you to purchase them through the Website. The purchase and sale of products through the Website is subject to our Sales Conditions, which you will have to accept in order to complete a purchase.
Access to Website
Access to the Website using automated means, such as bots or crawlers, is strictly prohibited, except as provided in a written agreement between you and Agrikey.
We make no warranty as to the constant availability of the Website, in whole or in part and we reserve the right to interrupt access, at our sole discretion and without prior notice, to the Website for the general public or for one or several users, for any period of time, and for any reason including, without limitation, non-compliance with these Terms of Use and suspected fraudulent, abusive or illeAgrikeyl activity.
Our Content
Content available through the Website is our property or is used under license.
You may not modify, copy, distribute, perform, transmit, transfer, display, provide, reproduce, publish or sell any part of the Website or the content included in the Website, nor any information or service obtained from the Website other than as part of a personal use of the Website that complies with these Terms of Use, or grant any license or sub-licence to the Website or any related content without our prior written consent.
You may not use the photos, text, logos or trademarks reproduced in the Website other than by using, in a personal and non-commercial manner, the sharing features of the Website or those of the profiles that we hold on social networking websites or applications (such as Facebook, Pinterest, YouTube), without our prior written authorization.
The names "Agrikey", "Agriclé", "Dekavie" and all logos or other designations related to Agrikey and displayed on the Website are trademarks, registered or not, and are the exclusive property of Agrikey or used in accordance to a license agreement. Certain names, logos or graphics in the Website constitute trademarks, trade-names and/or associated products and services of Agrikey, its partners, any licensor, content provider, service provider or contractor of Agrikey or other third party (collectively the “Marks”).
The Website and its entire content are protected by copyright.
User Generated Content
The Website allows you to create content that will be accessible to users of the Website or to the public through the Website (which we will call "User Content"). You are responsible for any User Content that you publish using the Website, including comments and ratings. You must ensure that your User Content is not infringing on the rights of other people and that it is legal and appropriate. You warrant that you are authorized to share your User Content with the public anywhere in the world, and in particular that such content does not infringe the rights of other persons or entities, including intellectual property rights.
You grant us a non-exclusive, universal, royalty-free, irrevocable and assignable license to reproduce, represent, use, modify, adapt, translate, transform, commercially exploit and communicate to the public, by telecommunication or otherwise, any User Content, particularly the images, videos, comments and ratings published by you on the Website. You renounce and irrevocably agree to waive, in our favor and favor of our successors and assigns, the exercise of the moral rights you hold and may hold in any User Content.
We may delete any User Content that does not comply with these Terms of Use or that we consider inappropriate in our sole discretion. However, we do not systematically monitor User Content shared through the Website and we assume no liability for the User Content made available through the Website. By browsing the Website, you may be exposed to inappropriate or illegal content.
Personal Data
We collect personal data through the Website. To use the Website, you must consent to the collection, processing and disclosure of your personal data in accordance with our Privacy Policy. By accepting these Terms of Use, you declare that you have read our Privacy Policy and that you give us your consent.
Under certain circumstances, the collection and processing of personal data is subject to your specific consent, which may be withdrawn at any time, as provided in our policy.
Prohibited Use
You may not:
- upload or otherwise transmit any unlawful, harassing, false, misleading, defamatory, abusive, profane, threatening, vulgar, obscene, sexually explicit or pornographic material nor any malicious code or material that may interfere with the Website. You promise not to gain unauthorized access to, harm, or attempt to use other computer systems through the Website;
- use the Website and its content in violation of third parties’ rights;
- provide false information using the Website;
- use the Website in a manner that is otherwise abusive so as to incur damage to Agrikey;
- Gain unauthorized access or interfere with other computer systems or attempt to do so through the Website.
External Links
The Website contains links to websites owned and operated by third parties on which we have no control. We link to external sites solely for ease of browsing and the availability of a link does not mean that we endorse the content of a website. We are not responsible for the content of websites accessible through hyperlinks.
User Account
Certain features of services offered on or through the Website may require you to create a user account. You are responsible for maintaining the confidentiality of your user account information, including user’s password, in respect of any account on the Website. You agree not to disclose this information to anyone and not to allow anyone but yourself to access the Website using your username and password, otherwise we may immediately and without further notice decline your access to the Website. You are responsible for any activity that occurs under your account.
Individuals creating an account in the name of an organisation or enterprise warrant that they are authorized to bind such organisation or enterprise and to act on its behalf. Organisations must ensure that individuals using their user account are authorized to act on their behalf as far as use of the Website is concerned.
Disclaimer of Warranty
While we strive to provide you with quality services at all times, your use of the Website and the services provided through it is at your own risk. The Website is provided "as is" and without any warranties, whether express or implied.
Agrikey does not warrant that access to the Website and the products and services offered through it will be uninterrupted and secure and that the content available through the Website will be error-free, accurate, complete and up-to-date. In particular, we do not warrant that the information regarding the schedule, description and price of the proposed products and services.
Limitation of Liability
To the extent permitted by law, Agrikey, its directors, its employees and its officers will not be liable for any direct, indirect, punitive, incidental, special, consequential or other damages of any nature whatsoever, including, without limitation, damages arising from the loss of data or profits, from the use or performance of the Website, from the content and services offered through the Website or from the inability to obtain such content or to use the Website. If you are dissatisfied with all or part of the Website, or any of the terms of these Terms of Use, your sole and exclusive remedy is to stop using the Website.
Indemnification
You agree to indemnify Agrikey, its affiliates, directors, officers, shareholders, employees, agents and licensors with respect to any and all damages, claims, liabilities, losses, charges, claims, fines, penalties and indebtedness, including reasonable legal fees and expenses that may result from your use of the Website or any alleged violation of these Terms of Use.
Applicable Law
These Terms and Conditions and all related transactions shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein and shall be construed and interpreted in accordance with these laws.
Any claim regarding the Website or these Terms of use must be brought before a competent court of the province of Quebec sitting in the judicial district of Saint-Hyacinthe, excluding any other jurisdiction.
Amendments
We may modify these Terms of Use at any time by making the modified terms of use available on the Website.
The modified terms of use will take effect immediately and you will be prompted to accept them at your next connection on the Website. The date of the last update is indicated at the beginning of these Terms of Use.
Contact Us
We will be happy to receive your questions, comments and feedback regarding these Terms of Use. If you have any questions, do not hesitate to write to us at the following address: [email protected].