Site Terms of Use
This version has been in effect since June 30, 2010.
Welcome to the GASPEFLYSHOP.CA website. Please read these Terms of Use carefully as they govern your use of the GASPEFLYSHOP.CA website. They exonerate Gaspé Fly or limit its liability as well as that of other persons and contain other provisions of which you should be aware.
These Terms of Use contain the following provisions:
- Your acceptance of these Terms of Use
- Authorization to use the website
- Modification of these terms of use
- Ownership and Permitted Use of Website
- Misprints and Errors, Product Availability and Pricing
- Trademark Information
- Linking, framing, mirror image copying, deep data mining, scraping and posting prohibited
- Login names and passwords
- Competition
- Unsolicited Submissions
- Your Information
- Disclaimer, Exclusions/Limitations of Liability and Indemnity
- Confidentiality of personal information
- Other Sites/Resources
- Termination
- Applicable Laws and Dispute Resolution
- Other questions
1. YOUR ACCEPTANCE OF THESE TERMS OF USE
These terms of use constitute an agreement between you and the persons you represent (in these terms of use, by "person", it is understood a natural person and any legal person, whether incorporated or not) and La Cie de Mouches Gaspé Inc. (“Gaspé Fly”) with respect to your access to and use of Gaspé Fly’s GASPEFLYSHOP.CA website and any content, information, products and services available through this website (collectively the “Website”) ). These Terms of Use also confer benefits on affiliates of Gaspé Fly, its service providers, suppliers and other persons.
Each time you use the website, you confirm that you agree, and that anyone you claim to represent agrees. to be bound, without limitation or qualification, by these Terms of Service, and you represent and warrant that you have the legal authority to agree to these Terms of Service on behalf of yourself and anyone you claim to represent. If you do not agree to each provision of these Terms of Use, if you are not authorized to accept these Terms of Use, or do not have the legal authority to accept these Terms of use on behalf of the person you claim to represent, you are not authorized to access or use the Website. The website is provided for convenience and informational purposes only and is not intended to provide advice or recommendations, or constitute an offer to sell any product or service.
These conditions of use are in addition to any other condition that binds you to Gaspé Fly, including any transaction.
2. AUTHORIZATION TO USE THE WEBSITE
You are permitted to use the Website if you are a resident of Canada or the United States, are of legal age where you are resident, and have the legal capacity to enter into contracts under applicable law. You may not use the Website if you reside in any jurisdiction in which access or use is prohibited or illegal, in whole or in part. Whether you can legally use the Website is your sole responsibility, and you must comply with all applicable laws. Gaspé Fly reserves the right to request proof of identity and age (for example, proof of your right to purchase certain games). Gaspé Fly only delivers products to addresses located in Canada.
3. CHANGES TO THESE TERMS OF USE
Gaspé Fly may, at its sole discretion, modify these Terms of Use from time to time with respect to future use of the Website, by posting revised Terms of Use on the Website. By using the Website subsequent to the posting of such revised Terms of Use, you confirm that you agree to be bound by the revised Terms of Use. You may not modify these terms of use in any way.
4. OWNERSHIP AND AUTHORIZED USE OF THE WEBSITE
The website (including its content, headers, graphics, icons, writing and presentation, arrangement, coordination, image enhancement and any other information contained in the text, elements graphics, audio and video tapes, images, icons, software, patterns, applications, data and any other element available on or through the website) is the property of Gaspé Fly and others and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not grant you ownership or any other rights in the Website or its content. The Website is made available to you for lawful and personal use only. You are authorized to use the Website only as expressly described in these Terms of Use and subject to any applicable law. Use of the website for any other purpose or in any other manner is strictly prohibited.
You may print pages from the Website provided that you do not modify such pages and do not remove or alter any identification, mark, notice or disclaimer, whether visible or not. You may not copy, imitate, reproduce, republish, upload, post, transmit, modify, index, catalog, mirror image or distribute in any way. whatsoever, the website, in whole or in part, without the express written consent of Gaspé Fly. The use of any software used in connection with the operation or provision of the website is prohibited except when using the website in accordance with these terms of use.
5. PRINTING MISTAKES AND ERRORS, AVAILABILITY AND PRICES OF PRODUCTS
Gaspé Fly strives to ensure that the information provided on the website is up-to-date and accurate. However, it is possible that misprints, errors, inaccuracies, omissions (including inaccurate description of products) or other errors may occur from time to time. Gaspé Fly cannot guarantee that the products and services advertised on the website will be available when ordered or after the order. Gaspé Fly does not warrant that the content of the website, including and without limiting the generality of the foregoing, product descriptions or photographs thereof, is accurate or complete.
IF YOU PLACED AN ORDER ONLINE, THIS CLAUSE IS INAPPLICABLE IN QUEBEC:
Gaspé Fly reserves the right to: (a) correct any error, inaccuracy or omission at any time, without notice and without liability to you or any other person; (b) modify, at any time, the products and services advertised or for sale on the Website, prices, fees, charges, descriptions of products and services, any promotional offers and any other element of the content of the Website without notice and without incurring any liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders, for any reason; and (d) limit the quantities of products and services available for sale or sold.
Advertisements and announcements on the Website are invitations to you to make an offer to buy goods and services on the Website and not offers to sell. All prices and other amounts appearing on the Website are in Canadian dollars.
6. TRADEMARK INFORMATION
Gaspé Fly™, and the GASPEFLYSHOP.CA logo and other names and logos appearing on or in connection with the Website (the "Marks") are registered and unregistered trademarks and trade names, service marks and logos belonging to or licensed to Gaspé Fly or their respective owners or licensees.
Any use of the marks that does not comply with these terms of use is strictly prohibited. Nothing appearing on the Website or elsewhere should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Website.
7. PROHIBITED LINKS, FRAMING, MIRROR IMAGE COPYING, SCRAPPING, DATA DEEP EXPLORATION AND DISPLAY
It is strictly forbidden to create links to the website without the express written authorization of Gaspé Fly. To request permission to link to the Website, please email info@gaspefly.com. Gaspé Fly reserves the right to cancel and revoke such authorization to create a link with the Website at any time, without notice and without incurring any liability to you or any other person.
Framing, mirroring, scraping or deep mining of the Website or its contents in any form or by any means is strictly prohibited. You may not use collaborative viewing or display technologies in connection with your use of the Website or post any comments, communications or any form of data to the Website with the intention that such postings are seen by other users of the website.
8. LOGIN NAMES AND PASSWORDS
Certain areas and elements of the Website are accessible only to users to whom a login name and password (collectively the “codes”) have been issued by Gaspé Fly. For the purposes of access to the website, the codes remain the property of Gaspé Fly and may be canceled or suspended at any time by Gaspé Fly at its sole discretion without notice and without incurring its liability to you or any other person.
Gaspé Fly is under no obligation to verify the true identity or authority of any person using the Codes in order to access and use the Website. Gaspé Fly may act on any communication given with the use of the codes. Gaspé Fly may, at its sole discretion and at any time, require proof of identity from any person seeking to access and use the Website and may refuse access to and use of the Website in whole or in part or refuse to accept or act on any communication if Gaspé Fly is not satisfied with such proof of identity.
If Codes have been issued to you: (a) you are fully responsible for the security of the Codes and for all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times, and will not disclose the Codes to any other person or permit any other person to use them; (c) you will ensure that any use of the Codes complies with these Terms of Use; (d) once you have accessed the Website using the Codes, you will not leave the computer terminal used to access the Website without logging off and disconnecting access to the Website; and (e) you will immediately notify Gaspé Fly by telephone at 1 450 430-4019 or by email at info@gaspefly.com if you know or suspect that your codes have been lost, stolen, are known to another person or used by another person.
9. COMPETITIONS
From time to time, Gaspé Fly may organize contests for Website users and others. All contests are governed by these Terms of Use and the applicable Contest Rules. When you enter a contest through the Website, you confirm your acceptance of these Terms of Use and the applicable Contest Rules.
10. UNSOLICITED SUBMISSIONS
In order to avoid misunderstandings and disputes, Gaspé Fly does not accept or consider any unsolicited ideas or suggestions (the “Submissions”). If you submit Submissions to Gaspé Fly or the Website, you automatically grant (or warrant that the owner of the Submission grants) to Gaspé Fly and its assigns, a perpetual, royalty-free, irrevocable, unlimited right and license , non-proprietary, worldwide, assignable and sublicensable, relating to the Submission and any related concepts, ideas, know-how or techniques associated with the Submissions, for any purpose whatsoever, commercial or otherwise, in using any means or technique now known or hereafter developed, without compensating you or any other person, without liability of any kind, and without obligation of confidentiality or other obligation from Gaspé Fly or its assigns, and you agree, represent and warrant that you waive all moral rights attached to the unsolicited information in favor of Gaspé Fly and its assigns.
11. YOUR INFORMATION
Any information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and any information relating to a transaction must be true, accurate, up-to-date and complete. Gaspé Fly relies on the information you provide. You will be solely responsible for any loss, damage and additional costs that you, Gaspé Fly or any other person may incur due to the fact that you have provided false, inaccurate, incorrect or incomplete information or due to your omission to update your registration information and payment information within thirty (30) days of any changes.
12. DISCLAIMER, EXCLUSIONS/LIMITATIONS OF LIABILITY AND INDEMNITY
• Disclaimer
You access the website and use the website at your own risk. the website is provided to you on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether express or implied, including and without limiting the generality of the foregoing, a representation or warranty as to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, to the extent permitted by law.
THE FOLLOWING CLAUSE IS INAPPLICABLE IN QUEBEC:
• Exclusions of liability
Gaspé Fly and its suppliers shall in no event be liable to you or any other person for any loss or damage arising from these Terms of Use, including, but without limiting the generality of the foregoing, loss of data, business, markets, income, savings, profits, use, production, reputation or goodwill, intended or otherwise, (whether in contract, tort or another principle of law or equity), attributable or related to your use of the website or its use by another person, notwithstanding the fact that Gaspé Fly or its suppliers may have been informed of the possibility of such loss or damage.
• Statutory recognition and exclusion in certain jurisdictions
The exclusion of certain warranties and the limitation of certain liabilities are prohibited in some jurisdictions. These statutory prohibitions may apply to you.
13. CONFIDENTIALITY OF PERSONAL INFORMATION
Gaspé Fly collects, uses and discloses your personal information in accordance with its Privacy Policy, which you can consult here. Gaspé Fly may modify its Privacy Policy from time to time, at its sole discretion, without notice and without liability to you or any other person, by adopting a revised Privacy Policy, accessible through the website. By accepting these Terms of Use and each time you use the Website, you consent to Gaspé Fly collecting, using and disclosing your personal information in accordance with its Privacy Policy as it exists at the relevant time. .
14. OTHER SITES/RESOURCES
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by third parties (collectively “Other Sites”). The other sites are independent of Gaspé Fly, and Gaspé Fly is in no way responsible for the other sites or their activities, products, services or content and has no control over them. Gaspé Fly does not sponsor or recommend other sites or their activities, products, services or content, unless expressly indicated in writing. If you use the other sites and do business with the owners or operators of the other sites, you do so at your own risk, and you agree not to present any claim to Gaspé Fly related to your use of the other sites or your relations with their owners or operators. Between you and Gaspé Fly, these terms of use, with all necessary adaptations, apply to your access and use of other sites and their activities, products, services and content.
15. TERMINATION
Notwithstanding any other provision contained in these Terms of Use, Gaspé Fly may, in its sole discretion, modify, discontinue, restrict, suspend or terminate the Website, in whole or in part, without notice and without incurring any liability to you or any other person. Gaspé Fly may, at its sole discretion and for practical purposes, terminate at any time, temporarily or permanently, these conditions of use or your authorization to access and use the website without notice, without committing its liability to you or any other person.
If these Terms of Use or your authorization to access or use all or part of the Website is terminated for any reason, these Terms of Use and any other agreement then existing between you and Gaspé Fly will continue to apply and bind you as to your prior access and use of the Website and any other related matters.
16. APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms of Use, your access to and use of the Website, and any related matters are governed by the laws of British Columbia, Canada and the federal laws of Canada (and in the case of use of the Website website in Quebec, by residents of Quebec, are governed by the laws of Quebec and the applicable federal laws of Canada). Any dispute between you and Gaspé Fly or any other person, attributable to or related to the Website or these Terms of Use or any related matter (collectively "Disputes"), must be settled in the courts of British Columbia, located in the city of Vancouver, British Columbia, Canada (and in the case of use of the Website in Quebec by residents of Quebec, the dispute shall be settled in the courts of Quebec) and you irrevocably submit to the exclusive jurisdiction of such courts with respect to any dispute.
17. OTHER MATTERS
In the event that a provision of these terms of use is deemed illegal, void or unenforceable for any reason whatsoever, this provision will then be deemed to be severed from these terms of use and the other provisions will then remain in force and will remain fully applicable. .
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. The parties expressly agree and require that this Agreement and all related documents be drawn up in the English language.
The provisions of these Terms of Use apply to the benefit of Gaspé Fly and its suppliers and their successors, assigns and related persons, and apply to your benefit and the benefit of your heirs, executors, administrators, successors , assigns and legal representatives and bind you. You may not assign these terms of use or the rights and obligations they confer on you without the prior express written consent of Gaspé Fly, which Gaspé Fly may refuse in its sole discretion. Gaspé Fly may for its part assign these terms of use and the rights and obligations they confer upon it without your consent. No consent or waiver by one party of any breach or default by another party under these Terms of Use: (a) shall not be construed as consent or waiver of any continuing breach or default or any other breach or default of these obligations or any other obligation of that party; or (b) will only be enforceable if given in writing and signed by all parties.
The parties agree and expressly require that these terms of use and all related documents be drawn up in French.
All rights that are not expressly granted by these terms of use are reserved to Gaspé Fly.
You can contact Gaspé Fly by phone, email or post:
The Company of Mouches Gaspé Inc.80 Gaston-Dumoulin, Unit 103
Blainville, QC
J7C 0A3, Canada
Phone: 450-430-4019
Fax: 450-430-6252
info@gaspefly.com