Termes & Conditions

LAST UPDATE: NOVEMBER 12, 2021

Please read these terms and conditions carefully before using our service.

Interpretation and Definitions

Interpretation

Words whose initial letter is capitalized have meanings defined in the following conditions. The following definitions have the same meaning whether they appear in the singular or plural.

Definitions

For the purposes of these terms and conditions :

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interests or other securities entitled to vote in the election of directors or other management authority .
• Country refers to : Quebec, Canada
• Company (referred to as "the Company", "We", "Us" or "Our" in this Agreement) refers to Family Moments.
• Device refers to any device that can access the Service such as a computer, cell phone or digital tablet.
• Service refers to the Website.
• Terms and Conditions (also referred to as "Terms") means these Terms and Conditions which form the entire agreement between You and the Company concerning the use of the Service. This Terms and Conditions agreement has been created using the Terms and Conditions Generator.
• Third Party Social Media Service means any service or content (including data, information, products or services) provided by a third party that may be displayed, included or made available through the Service.
• The website refers to Family Moments, accessible from https://familymoments.ca.
• You means the person accessing or using the Service, or the company or other legal entity on whose behalf such person accesses or uses the Service, as the case may be.

Acknowledgement
These are the terms and conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions define the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is subject to Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and other persons who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you may not access the Service.

You represent that you are over 18 years of age. The Company does not authorize anyone under the age of 18 to use the Service.

Your access to and use of the Service is also subject to Your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and informs You of Your privacy rights and how the law protects You. Please read our privacy policy carefully before using our service.

Links to other websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party Web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or service.

We urge you to read the terms and conditions and privacy policies of any third-party website or service you visit.

Termination

We may terminate or suspend Your access immediately, without notice or liability, for any reason, including, without limitation, if You breach these Terms and Conditions.

In the event of termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages You may suffer, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for any of the foregoing shall be limited to the amount actually paid by You via the Service or 100 CAD if You did not purchase anything via the Service.

To the fullest extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of confidentiality arising out of or in any way connected with the use of or inability to use the Service, third-party software and/or third-party hardware used in connection with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, so some of the above limitations may not apply. In such jurisdictions, each party's liability shall be limited to the greatest extent permitted by applicable law.

As is" and "as available" disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults without warranty of any kind. To the fullest extent permitted by applicable law, the Company, on its own behalf and on behalf of its Affiliates and its respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise from course of dealing, course of performance, usage or trade practice. Without limiting the foregoing, the Company makes no warranties or representations of any kind that the Service will meet Your requirements, achieve expected results, be compatible or function with any other software, application, system or service, operate uninterrupted, meet standards of performance or reliability or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's suppliers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content and materials or products included therein; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability or timeliness of any information or content provided through the Service; or (iv) that the Service, its servers, content or e-mail sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on a consumer's applicable statutory rights, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set out in this section will be applied to the greatest extent applicable under the applicable law.

Applicable law

The laws of the Country, excluding its conflict of laws rules, will govern these Terms and your use of the Service. Your use of the Application may also be subject to other local, state, national or international laws.

Dispute resolution

If you have any concerns or disputes regarding the Service, you agree to first attempt to resolve the dispute informally by contacting the Company

For users in the European Union (EU)

If You are a consumer from the European Union, You will benefit from all the mandatory provisions of the law of the country in which You reside.

Divisibility and renunciation

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision shall be modified and construed to effect the purposes of such provision to the maximum extent possible under applicable law and the remaining provisions shall remain in full force and effect.

Waiver

Except as otherwise provided herein, the failure to exercise any right or require performance of any obligation under these Terms shall not affect the ability of any party to exercise such right or require such performance at any time thereafter, nor shall the waiver of any breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to you on our Service. You agree that the original French text shall prevail in the event of any dispute.

Changes to these Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will use reasonable efforts to provide at least 30 days' notice prior to the new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after such revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please discontinue using the Website and the Service.

Contact us

If you have any questions about these terms and conditions, you can contact us:

By e-mail: [email protected]
By visiting this page on our website: https://familymoments.ca