Terms & Conditions of Use
Last update: August 28, 2015
Nasri International Inc. (“Nasri”, “we”, “us”, “our”) is happy to welcome you on its website www.everydaysunday.ca (the “Website”). Any reference to this Website shall constitute reference to all the web pages starting with the address www.everydaysunday.ca.
For the purpose of these terms and conditions, any reference made to Nasri is taken to include its affiliated and related companies as well as their respective directors, shareholders, managers, employees, agents, and other representatives.
- PURPOSE OF THE WEBSITE
- PURPOSE OF THE WEBSITE
The main purpose of this Website is to offer for sale and provide information on products and services offered by Nasri, mainly in association with its trademark Everyday Sunday. The information presented herein is for informative purposes only. Sale of products on this Website may be subject to additional conditions that will be communicated to you at the time of purchase, including the Terms and Conditions of Sale.
While Nasri shall make reasonable efforts to ensure that all information and services provided on this Website is accurate and up-to-date, it is possible that, at any given time, this information may be incomplete, contain errors or be out of date or inaccurate. Nasri shall not be liable for any errors or omissions on this Website, including those related to product description, price and availability. We reserve the right to correct, change or update the information contained in this Website at all times and without prior notice.
- ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE
- Acceptance of the Terms and Conditions
- USE OF THE WEBSITE AND ITS CONTENT
- Registration, user account and password
To access certain sections of the Website, including to make a purchase, we may ask you to create a user account and to fill an online registration form. In this regard, you agree to provide true, accurate, current and complete information as requested on the registration form to which this Website may direct you to and to update that registration information as soon as possible after any information on such registration form changes. Upon registration, you may choose or be given a password or username. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. You agree to immediately notify Nasri of any known or suspected unauthorized use of your password or username or any other breach of security.
All the Content of this Website, including data, photographs, images, audio files, video files, softwares, trademarks, logos and text is owned by Nasri and/or the third parties who have granted licenses (collectively the “Content”). The Content of this Website is protected by copyright and other intellectual property laws under Canadian and foreign laws.
- Use of Website
Subject to your compliance with these Terms and Conditions, Nasri agrees to grant you a limited, non-exclusive, non-transferable right to access, use, display and view this Website and its Content for informational purposes or to purchase products available for sale on the Website. You agree not to interrupt or attempt to interrupt the operation of this site in any way. You agree not to challenge the validity of Nasri’s intellectual property rights to the Website or its Content. You have the right to consult, download and print the Content of this Website for personal and non-commercial use. This authorization is only valid on the condition that you: (i) retain all copyrights and proprietary notices contained in the Content, including copyrights and trademarks, and that you indicate the source of the Content, like the URL address of said Content, (ii) do not modify the Content in any way, (iii) do not reproduce or display, perform, or distribute or otherwise use publicly or communicate the Content for any commercial purpose unless it has been expressly permitted in the features of the Website. All licenses granted to you in connection with this Website and the Content shall immediately terminate if you breach any of these Terms and Conditions, including the foregoing restrictions. Upon such termination, you agree to immediately cease any use of this Website and the Content.
By using this Website, you agree to comply with the Canadian and foreign laws on intellectual property and to prevent any unauthorized copying of the Content. Except as stated otherwise herein, Nasri does not grant you any right under its patents, copyrights, trademarks, or other intellectual property rights. The uses of the Website and its Content that are allowed by Nasri by the present Terms and Conditions are limited and you may not otherwise use, modify, copy, reproduce, publish, display, transmit, distribute, execute, create derivative works, transfer or sell a part, or all of the Content without express authorization in writing by Nasri. To obtain a written authorization to use the Content of this Website for other purposes that the ones expressly specified in these Terms and Conditions, please contact us.
- Links and other integrated websites
Certain links on this Website may take you to other applications or websites owned by third parties including social networking websites, owned and operated by third parties (collectively, the “Third Party Applications”). If you use those Third Party Applications, you are leaving this Website. We do not take responsibility for the content, advertising, products, services or other materials made available through those Third Party Applications. Notably, Nasri accepts no responsibility or liability whatsoever arising from the use of links to Third Party Applications or from information provided or distributed through them. You assume full responsibility for your use or access of Third Party Applications and it is your responsibility to take every necessary precaution. Those Third Party Applications are subject to conditions different from those applicable to this Website. Accordingly, it is your duty to consult them.
We may also, from time to time, offer and/or co-sponsor contests, promotions and games on the Website. Each of these activities will be ruled by its own set of rules, available on the Website on which the promotion is offered or when you enter the contest. You must read the rules applicable to those activities since they may differ from these Terms and Conditions.
- E-mail and sharing services
Certain sections of the Website allow you to send private emails and/or offer you the opportunity to share your opinion on a discussion forum, blog, or any other section of the site where users may contribute to the Content (the “Forums”). You are entirely responsible for the content of the messages you disseminate through our Website, as well as for the consequences of said messages. Notably, you are responsible to ensure that your contributions to the Forums are not in violation with any applicable laws or with the rights of third parties. Nasri may, but is not obligated to, monitor and control the activities and the content of all communications on the Forums. Nasri reserves the right to terminate the right of any user to post on the Forums in the event that Nasri believes, at its sole discretion, that the user’s contributions to the Forums are not appropriate. The information and the content that you share or post can be seen by other users of the Website. You consequently grant Nasri a full, irrevocable access as well as a right and transferable license to use your contributions to the Forums as Nasri wants, including but not limited to, copying, reproducing, completely erasing, adapting, publishing, communicating to the public by telecommunication all or a part of your contributions to the Forums as well as translating, creating derivative works and/or distributing your contributions and/or incorporating your contributions in any shape, mean, or technology anywhere in the world and, in every case, without any remuneration for yourself.
- MODIFICATIONS AND ACCESSIBILITY TO SERVICES
- We may terminate, modify, suspend or discontinue any feature of the Website, including (i) to modify the availability of one of other features, at all times, without notice or liability, (ii) to impose limits to certain features or limit your access to parts or the entire Website without notice or liability for any reason. We also reserve the right, without being required to and at our sole discretion, to correct any error or omission in any part of the Website, at all times, without notice.
- EXONERATION, LIMITATION OF LIABILITY AND COMPENSATION
You recognize that you are using this Website and its Content at your own risk. To the extent permitted by law, we specifically disclaim any liability of any nature regarding to the Website, which is provided to you “AS IS”. WE HEREBY EXPRESSLY DISSOCIATE OURSELVES FROM ALL DECLARATIONS, WARRANTIES, AND CONDITIONS, INCLUDING THOSE ARISING FROM APPLICABLE LAW OR OTHERWISE PURSUANT TO THE MARKET OR IN THE ORDINARY COURSE OF BUSINESS. WE DO NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE OR THAT IT WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER.
- Limited liability
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NASRI SHALL NOT BE HELD RESPONSIBLE FOR ALL LOSSES OR DAMAGES, INCLUDING DIRECT OR PUNITIVE DAMAGES OR OTHER TYPE OF DAMAGE (INCLUDING DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION, PROGRAM OR DATA, LOST PROFITS, ECONOMIC LOSSES) ARISING FROM THE USE OF THIS WEBSITE, ITS CONTENT OR OF A THIRD PARTY APPLICATION OR ARISING FROM THE INABILITY TO USE OR ACCESS THIS WEBSITE OR A THIRD PARTY APPLICATION, WHETHER YOU HAVE BEEN ADVISED OR NOT OF THE POSSIBILITY OF SUCH ANY LOSS, OR DAMAGE WHATSOEVER OR THAT SUCH A LOSS OR DAMAGE WAS REASONABLY FORSEEABLE. In all cases, you recognize that Nasri’s total cumulative liability for such damages is limited to CAN $100.
By the present agreement, you agree to defend and hold harmless Nasri in the case wherein a lawsuit is launched against the said company following the violation of these Terms & Conditions by you.
- Compliance with the law
THE LAWS ENFORCED IN CERTAIN JURISDICTIONS, INCLUDING THAT OF QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION EXPRESSLY OR IMPLICITLY OF STATUTORY WARRANTIES, LIABILITY OR CERTAIN DAMAGES AND/OR REPRESENTATIONS AND WARRANTIES REGARDING THE PRODUCTS AND/OR SERVICES. IF THESE LAWS APPLY TO YOU, THE FOLLOWING DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
- PROTECTION OF PRIVACY
- WEBSITE MONITORING
- The Website contains trademarks owned by Nasri or its licensors. Trademarks owned by third parties are used by the Website under a license granting rights to Nasri, not to you. You have no license to use the trademarks found on this Website.
- MODIFICATIONS OF CONDITIONS WITHOUT PRIOR NOTICE
- Modifications of Terms and Conditions
We can decide, at our sole discretion, to add, remove, modify or otherwise change these Terms and Conditions of Use, in part or in whole, at any time. The modifications will take effect as soon as notice is given on the Website. Please check these Terms and Conditions frequently to see if they have been updated by referring to the “Last update” indicated at the top of this document. Accessing or using this Website after the modifications have been posted constitutes your recognition and acceptance of the Terms and Conditions of Use as they have been modified. If you do not agree with the modifications made to the Terms and Conditions of Use, you must cease to use the Website immediately. In the event of any dispute concerning these Terms and Conditions of Use, the version of the Terms and Conditions of Use in effect at the time the disputed actions took place shall govern the dispute.
- Limitation of Access and Termination
- Duration and termination of contract
These Terms and Conditions are effective for the duration of your use of the Website. Parties can terminate the contract constituted in these Terms and Conditions at any time. Upon termination, you lose the right to access or use the Website and you must cease to use your user account. If you continue to use your user account, you consent that these Terms and Conditions apply. The following stipulations will survive the termination of these Conditions of use: sections 1.2 (Information), 3.2 (Ownership), 3.5 (Links and other integrated websites), 5 (Exoneration, limitation of liability and compensation), 9 (Modifications of conditions without prior notice), 10 (Limitation of access and termination), 11 (Applicable law), and 12, except 12.4 (General provisions).
- APPLICABLE LAW
- This contract is governed by the laws of the Province of Quebec, Canada. You hereby acknowledge that any dispute arising from or linked to the use of the Website is subject to the jurisdiction of the courts in the Province of Quebec, district of Montreal.
- GENERAL PROVISIONS
- Entire agreement
If one or several clauses in these Terms and Conditions of Use are found unenforceable by a competent authority court, you and we accept to remove this unenforceable part and to still enforce the rest of these Terms and Conditions of Use.
You may not assign these Terms and Conditions of Use to a third party without the prior consent of Nasri. Nasri may assign, transfer or delegate its rights and obligations under these Terms and Conditions of Use without your consent.
- Limited offer
The Website may list or mention Nasri’s or third parties’ products, programs and services which may not be currently offered in your country. Any mention of these products relating to a different territory does not oblige Nasri in any way to offer these products in your country at any time.
The delay or failure of Nasri to act with regards to any failure on your part to comply with these Terms and Conditions does not constitute a waiver on the part of Nasri. Except where otherwise provided by law, Nasri will not be liable for any delay or failure to fulfill any of its obligations hereunder if that delay or failure is caused by an event beyond its control.
Notice informing you of the change in these Terms and Conditions of Use may be sent to you via email or regular mail or by posting notices or links on the Website concerning the amended terms. If you have any questions or comments regarding these Terms and Conditions, you can contact us.
- Reservation of rights
Nasri hereby reserves the rights which have not been expressly granted by these Terms and Conditions of Use.