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General conditions of sale

1. DEFINITION AND TERM

1.1 The delivery of services by our care abides to the following general conditions (the « conditions »).

1.2 Any reference to « us » or to « our(s) » correspond to Ms. Dorothée COUPAT, Self-Employed Person, Editor and Manager of the website www.menu-alacarte.com, Quebec Entreprise Number (NEQ) 2266131376 (see Legal Mentions) as well as all successors or rightful person. Any reference to « you » or « other(s) » correspond to any person or company having contracted our services (membership to our services on our website). Any reference to the « contract » corresponds to the membership on our website or by email, to the present conditions, to the usage conditions of the website, as defined here-after, and all other conditions and the « website usage conditions» the present conditions will prevail.

 

2. REGISTRATION TO OUR NEWSLETTER

2.1 Our newsletter delivery in your email box is a free service and this service can be suspended or terminated by our care at anytime or if you do not want to continue receiving the newsletter, by writing us an email at webmaster@menu-alacarte.com

 

3. YOUR INFORMATION

3.1 We fully respect your information and we commit to comply with all rules and regulations currently in force applicable to the protection of personal data. Except in the cases where we would be constraint by the law or by the cases permitted by the present conditions, we will not disclose the information that you have given us to any third parties, during your registration, without your consent.


3.2 So as to protect the integrity of the Website, we reserve the right to communicate your coordinates to any public authority that would demand it, including the police. We will also be able to communicate your coordinates should we receive a complaint concerning your usage of the Website and if this usage does not follow to the present conditions.

 

4. INTELLECTUAL PROPERTY RIGHTS

4.1 The present conditions do not confer you any right concerning the copyrights, the brands or all other intellectual property rights of the website, other limited usage rights, following the present conditions. Except in the case permitted by the law, you accept not to copy, modify or uncompile all or a part of the Website. You commit by the present to compensate of all damage in case of forgery or violation of all property intellectual rights that would be caused by the non-respect from your part of the present conditions and the Usage Conditions of the Website.

 

5. OUR OBLIGATIONS WITH REGARDS TO YOU

5.1 We will do our best efforts to maintain the Website without any disfunctioning or error. We hold no responsibility for any default of access of the Website caused by a software that you are using whilst entering information on the Website.

6. YOUR OBLIGATIONS WITH REGARDS TO US

6.1 You accept to use the Website with compliance to the present conditions and the Website Usage Conditions as well as the laws and regulations applicable. In particular, you will not use the Website to publish, to communicate, to distribute or to create a link with all element (i) false or misleading, (ii) discriminatory, libellous, insulting or contrary to rightful morals, inciting to discrimination, to hatred or to violence with regard to a person or a group of people with reason of their origin or their belonging or not to an ethnicity, a nation, a race or a determined religion, or of their sex, sexual orientation or of their handicap, (iii) harming the private life or the public, (iv) violating the legal rights of the press or to the protection of youth or (v) or also prejudicial to third parties.


6.2 You accept not to use or attempt to use any web browser, software, tools, agent or other system or mechanism (including, without this being limiting, of browsers, robots, avatars or other intelligent agents) to navigate or do research on the Website other then tools, research tools, at your disposal on the website and all internet tools put at your disposal by third parties.


6.3 You accept to take responsibility of the usage that you or your subcontractor or proxy will do of the Website and consequently you accept to be responsible in spite of the present conditions of the usage of the Website by any third party authorized by you that would be in violation of the present conditions.

 

7. CONFIDENTIALITY

7.1 We commit to not communicate any of the elements communicated on the website to any third party (other then defined in 3.2).  You accept to preserve the confidentiality of the prices agreed between us in virtue of the present Contract and of all negotiations and other information attached or are linked to the present Contract and to not divulge such information to third parties.

 

8. LIMITATION OF RESPONSIBLITY

We assume no responsibility toward you or any other third party for any loss of profit, loss of exploitation, any cost of replacement of the services or losses or damage, indirect or immaterial consequences of any nature or kind, whatever the cause, and your exclusive recourse for any reclamation, loss or damage linked to one of the services provided or to be provided in virtue of the present conditions will be limited at the price that you will have in fact paid for the service(s) provided.

9. SUSPENSION AND CANCELLATION

9.1 We reserve the right to suspend the services that are provided by our care, and/or all your passwords other access codes if we have the reasonable motive to suspect that you are in violation of any stipulation of the present contract. Your right to continue using the Website and the present Contract will end immediately after written notice from us if you do not respect the stipulations of the present Contract. In such a case, we will be authorized to ask the anticipated reimbursement of all the amounts owed due to the present conditions and to claim all expenses and legal fees incurred.

9.2 The terms of the present Contract that are necessary to its execution will survive at any expiration or cancellation of the present Contract. At the same time of the cancellation or the expiration of the present Contract, all licenses and the rights given to one of the parties by the other will be automatically cancelled like the access to any Internet website that will have been given by our care.

10. PAYMENT METHODS

10.1 You agree to pay the price expected for the usage of our services.


10.2 All invoices (outside of Canada) are established excluding taxes. It is your duty to check the tax impact of the invoicing in the country where the payment is doing.


10.3 The usage of our services (except the free trial, offered once only for each legal entity) is payable according to the payment methods mentioned in the quote.


10.4 You can cancel your registration to our Newsletter by writing to us by email to webmaster@menu-alacarte.com


10.5 All services are payable prior to the service delivery or following our agreement via invoicing. Payment methods accepted: Paypal, cheque or wire transfer.

 

11. MISCELLANEOUS

11.1 The fact that we did not prevail at a time of one of the stipulations of the present Contract will be neither interpreted nor considered like a renunciation of our rights in virtue of the present, will not affect in any way the validity of all or part of the present and will not decrease our rights to work consequently.

11.2 In the case where one of the dispositions of the present Contract would be considered as null, illegal or unenforceable by a competent authority, this disposition will be separated from the other dispositions that will continue to be valid if it is legally possible.

11.3 The present Contract (i) constitutes the whole of our agreement concerning the base of these conditions and replace any preceding agreement or arrangement, oral or written in relation , (ii) can be modified only in writing and (iii) cannot be transferred by your care, as a whole or partially, directly or indirectly, by any means. Including by a fusion effect, partial merger or other universal patrimony transfer.

11.4 All modification in virtue of the present will be addressed by registered letter with receipt confirmation or by letter given in person at the indicated address in the present Contract and will be supposed received during the first presentation of this one.

11.5 The titles of the present are used only by convenience and will not be used to interpret the stipulations of the present Contract.

12. CASE OF FORCE MAJEURE

12.1 We will not be responsible in respect to you for all that can constitute a violation of the present Contract resulting from a case of force majeure, means the circumstances not under our control, in relation (but not restricted) with natural disasters, shipping or aerial risks, fires, floods, droughts , explosions, sabotages, accidents, embargos, break of telecommunications or official services, riots, civil unrests.

13. APPLICABLE LAW AND JURISDICTION

The present conditions and your use of the Website will be under the International Law and any disputes between the parties concerning the present General Sales Conditions will be exclusively judged by The International Commerce Court, without consideration for the number of defenders or people called as guarantors.

 

 

 


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