ONLINE SUBSCRIPTION AGREEMENT
We start every new relationship with a potential client by requesting an account subscription prior to engaging in any contract, in order to better serve our clientele. The present Contract governs the terms of subscription to the online services of Nunavik Creations Inc. (the “Corporation”). However, we refer you to the general terms and conditions of our web site for other modalities of use and, in the event of any online purchase, our online sale contract.
2. Access to Services
Your access to the various services available on this system depends on the level of access you select. You may change or discontinue your account at any time. We reserve the right to modify, suspend or terminate access to the service on our system at any time for any reason without notice, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.
3. System Rules
You agree to be bound by certain rules that are important for the proper use of this service. Your failure to follow these rules, whether listed below in the contract and/or in the Web Site Terms and Conditions, may result in termination of your service. We suggest that first of all, you should not advise others of your password or let your account be used by anyone except yourself. Second, do not attempt to log in more than once at the same time on any given account without specific permission of one of our operators. Third, do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.
4. Privacy Considerations
Your communications on this system are, in most cases, viewed only by you and anyone to whom you address your message. However, as system operators, we may need to review or monitor your electronic mail from time to time.
5. Proprietary Rights
By posting messages, uploading files, inputting data, or engaging in any form of communication on our system, you are hereby granting to the Corporation an unrestricted license to use, copy, modify, adapt or document in any form any communications, information or any underlying work in which you may possess proprietary rights, including but not limited to copyright rights. All users of the system are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against us as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership.
Your use of our system affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition; you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system that we or our suppliers own.
6. Limitation of Liability
YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
8. Disclaimers of Warranty
THE SYSTEM IS PROVIDED "AS IS" AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
9. Rebates Provided to Inuit Beneficiaries of the James Bay and Northern Quebec Agreement (JBNQA)
Given its mandate to work for the well-being of the Inuit Beneficiaries pursuant to the JBNQA, Inuit beneficiaries pursuant to the JBNQA and applicable legislation are entitled to rebates on products purchased on the Corporation’s website. However, admissible beneficiaries must ensure of the following in order to benefit from said rebate (1) that he/she opens an online account with the Corporation; (2) verify that he/she is effectively admissible, as of the transaction date, as an Inuit beneficiary pursuant to the JBNQA and applicable legislation, and (3) register their Beneficiary Number pursuant to the JBNQA upon opening an online account and at the confirmation page of the transaction. The Corporation reserves the right to independently verify the Buyer’s eligibility as a JBNQA beneficiary and, in the event of Buyer’s ineligibility as a JBNQA beneficiary on the transaction date, the Corporation has the right to immediately claim, without any recourse available to the Buyer, the payment of the full price for the purchased product(s), and Buyer’s failure to pay the remaining balance shall result in the cancellation of the transaction.
10. Choice of Law
You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of the province of Quebec and of Canada, and that any action arising out of this Agreement shall be litigated and enforced under the laws of the [province of Quebec and Canada. In addition, you agree to submit to the jurisdiction of the courts of the province of Quebec and Canada, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the province of Quebec and Canada.
IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE SUBSCRIBER AGREEMENT, please click the "Yes" button below. If you do not agree to the terms of the Subscriber Agreement, please click the “No” button to log off the system.