Current version effective as of: August 5, 2020

Welcome to the Website Madamelabriski.com.

1. SCOPE

These terms and conditions, as well as the Privacy Policy constitute a binding legal agreement between you (“you” or the “User”) and Madame Labriski inc. (the “Business”) and govern the use of the website.

For the sake of clarity, but without limitation, the Website covered by these Terms is the following: Madamelabriski.com.

PLEASE CAREFULLY READ ALL these Terms BEFORE USING THE WEBSITE

2. ACCEPTANCE OF THE TERMS

By agreeing to the Terms, or by using the Website, you accept to be bound, without reserve or restriction, by the conditions and stipulations of the Terms. Access to and use of the Website is subject to the full and unreserved compliance by these Terms.

If you do not wish to be bound by these Terms or if you do not fully accept the Terms, you must abstain from using or accessing the Website.

3. COPYRIGHT

Any content created, developed, distributed, communicated, elaborated, generated or reproduced on the Website (including texts, recipes, codes, illustrations, images and videos) as well as their selection, composition and arrangement (the “Content of the Business”) belongs to the Business or is licensed from third parties and may be protected by intellectual property laws, such as the Copyright Act (R.S.C., 1985, c. C-42).

Where applicable, the Business reserves all of its rights with regards to the Content of the Business that it owns. Consequently, it is prohibited to copy, reproduce, modify, reformulate, edit, and more generally, use the elements that constitute the Content of the Business, in whole or in part, without the prior written consent of the Business.

Notwithstanding the preceding paragraph, you may download, print and reproduce the Content of the Business for your own informational purposes provided that you agree to respect any and all copyright or other proprietary notices with respect to the Content of the Business, and that you cite the URL source of the Content of the Business.

5. TRADEMARKS

Certain names, words, titles, sentences, logos, designs, graphs, icons and trademarks displayed on the Website may constitute trademarks, registered or not, of the Business or third parties. Although the Business may use under license certain trademarks of third parties, the display of third parties trademarks on the Website shall neither imply any relationship or license between the Business and said third parties owning a given trademark, nor the approval or endorsement by the Business of the goods, services or activities of the owner of said trademark.

Nothing contained on the Website should be construed as granting you a license or right to use any logo, design or trademark of the Business or of any third party, without the prior written permission of the Business or of the third party owner of the given trademark.

6. YOUR OBLIGATIONS

By using the Website, and without limiting what is otherwise stated under these Terms, you agree (i) to respect all laws applicable to you in your home jurisdiction, (ii) to provide us with accurate and up-to-date information, and (iii) to use the Websites in a reasonable and responsible manner.

Moreover, you agree not to:

• use the Website for any illegal or unlawful purpose;
• violate the intellectual property rights of the Business or others, such as those concerning patents, trademarks, trade secrets, licensing, copyright or other proprietary rights;
• monitor the availability, performance or functionality of the Websites for competitive purposes;
• use software, devices, manual coding robots or automatons or other means to access, break down, analyse or index the functionality of the Website or any related service, data or information;
• transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• circumvent any security feature of the Websites; and
• use the Websites in way it is not intended to be used.

If the Business has reasonable grounds to believe that you do not comply with the aforementioned obligations or any other obligation stipulated in the Terms, the Business can, at its sole and absolute discretion and without notice, suspend your right to use the Websites or restrict your access thereto in any other way the Business deems appropriate.

7. LINKS TO THIRD PARTY WEBSITES

Some links within the Website may take you to other third party websites which are under the control or of the responsibility of the Business. The Business has no way to control these websites, and is not liable for, nor guarantees, the availability, reliability or the legality of these websites. The Business does not endorse or approve the content to which these websites allow access, and excludes all liability or guarantee in their regard. The User that accesses the websites does so at its own risk.

The Business reserves its right to insert advertisement throughout the Website, which can link to third party Websites. Under no circumstance does the Business approve, endorse, nor is liable for the ideas, opinions, products services or more generally the content displayed in the advertisements and on the third party websites to which they offer access.

8. IDEA SUBMISSIONS

Any comment or suggestion related to the Website, its functionalities, or the commercial activities in which the Business participates in or may participate in that you communicate to the Business may be used, adapted or implemented by the Business without any obligation to remunerate you or compensate you in any way.

You agree that any comment, suggestion, idea or proposal related to the Website, its functionalities, or the commercial activities in which the Business participates in that you submit to the Business (the “Material”) is non-confidential, non-proprietary, and may be disclosed, used, adapted or implemented by the Business without any obligation to remunerate you or compensate you in any way.

9. NO WARRANTIES

The Website and the content found therein are provided as is. When you visit and use the Website, you acknowledge and agree that you do so entirely at your own risk. The Website may be abandoned or access thereto may be interrupted at any time by the Business or otherwise. The Business makes no representations or warranties as to the content, services or functionalities of the Websites including, but without limitation:

• as to the accuracy, availability, completeness, reliability, merchantability or the opportunity of the Website;
• as to the operation or accessibility of the Website without interruption or error;
• as to the correction of defects or errors in the Website;
• as to the absence of viruses or harmful elements in the Website; and
• as to the secure transmission or transmission without interception of communications through the Website.

10. LIMITATION OF LIABILITY

To the full extent allowed by applicable law, in no event shall the Business and its officers, directors, employees, agents and their respective successors and assigns have any liability, whether based in contract (including any breach of an important obligation), these Terms, delict or tort (including negligence) or strict liability, for incidental, indirect, consequential, special, or punitive damages of any kind, or for an invasion of your privacy, loss of revenue or profits no matter the cause, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption of the Website, whether foreseeable or not, and even if the Business had been advised of the possibility of such damages. In addition, the Business has no obligation to store the searches, preferences or any other data that you generate or save from time to time on the Website and shall not be held liable for any loss or damage resulting from a loss of such data.

Should you decide to visit or use a website linked to the Website, materials, softwares or any goods or services available through a website linked to the Website, you are doing so at your own risk.

11. GOVERNING LAW AND JURISDICTION

These Terms are governed and interpreted by the laws of the province of Quebec and the laws of Canada applicable therein (without regard to conflicts of law principles).

This paragraph does not apply to consumers of the province of Quebec (Canada) to whom Quebec’s Consumer Protection Act (chapter p-40.1) applies. You irrevocably agree and acknowledge the exclusive competence of courts under federal and provincial jurisdiction sitting in the judicial district of Montreal for any dispute which may arise in connection with the Terms or related thereto, elect domicile therein and waive any objection based on the lack of subject- matter jurisdiction or any claim based on the notion of forum non conveniens.

13.  SEVERABILITY

Each provision of these Terms is separate and distinct and, if a provision of these Terms is held invalid, illegal or unenforceable, all other provisions will remain in full force and effect.

14. WAIVER

A failure to act or delay in acting by the Business with respect to a non-performance, or the non-exercise of a right under these Terms will not operate as a waiver of that performance or of that right. The waiver of a right under these Terms by the Business will not be effective unless it is given in writing and is signed, in which case it will be effective in the specific instance and for the specific purpose given.

15. NON ASSIGNMENT

You may not assign or delegate any right or obligation under these Terms without prior the consent of the Business.

16. RETROACTIVE EFFECT

As the first version of the Terms was uploaded online on August 5, 2020 (the “Upload Date”), you agree and acknowledge that, where applicable, from the time you first accepted the Terms, any use, content generated and any act or omission in connection with the Website that relates to a period prior to the Upload Date, is retroactively subject to these Terms.

17. MODIFICATION

The Website is a dynamic and evolving environment subject to change. The Business may review the Terms at its sole discretion by simply updating this page or pages where the provisions of the Terms to be changed are found. It is your responsibility to consult the Terms on a regular basis to become aware of any changes that may be made to them.

Notwithstanding the foregoing, the Business shall notify the Users of any amendment to the Terms at least 30 days prior to its entry into force.

If you do not agree with one or more changes to the Terms, you must cease all use of the Website. Continuing to use the Website after the Business has published the changes will be equivalent to your acceptance of the changes to the Terms.

18. CONTACT

For questions regarding the Terms and Conditions, please contact us using the contact information below:

Madame Labriski inc.
1330, avenue Maguire, bureau 203
Québec (Québec) G1T 1Z3
Contact us

La version française de Conditions d’utilisation est disponible ici.