Last updated: October 27, 2022
1. INTRODUCTION AND SCOPE
These conditions for use (the “Conditions for Use”) and the Coractive Notice Regarding the Protection of Personal Information and the Notice Regarding Cookies (collectively the “Notices”) are a legal agreement between you (“you” or the “Visitor”) and CORACTIVE HIGH-TECH INC. (“Coractive,” “us” or “our”) which governs your use of our website at https://coractive.com (the “Website”).
PLEASE CAREFULLY READ ALL OF THE CONDITIONS FOR USE BEFORE BROWSING THE THE WEBSITE.
2. ACCEPTANCE OF CONDITIONS FOR USE
By accessing and browsing the Website, you accept and agree to be bound by and comply with these Conditions for Use and our Notices, which are integrated hereto by reference. You must not access or use the Website if you do not want to be bound by these Conditions for Use.
If you accept these Conditions for Use on behalf of a legal entity, such as a corporation, a partnership, etc. (hereinafter the “Business”) you represent and warrant that you have the power and authority to bind this Business so it will comply with these Conditions for Use and the Notices. If you do not have the power and authority to act on behalf of the Business and to bind it, you must not access or use the Website.
3. VISITORS AND THEIR RIGHTS AND LICENSES
A “Visitor” is any person who browses the Website.
Subject to these Conditions for Use, Coractive hereby grants to the Visitors for the duration of these Conditions for Use, the rights, access and browsing license to and on the Website and the use of its functionalities on the basis of the content which they may access for their personal use. Visitors have access to information content.
4. INTELLECTUAL PROPERTY AND OWNERSHIP
You understand and agree that the Website and all of its content, its features and functionalities, namely but not restrictively, all information, software, codes, texts, displays, graphic representations, photographs, video, audio, design, presentation, selection and arrangement are the property of Coractive, its licensors, or other suppliers of this material and all of the preceding is protected in all ways possible by intellectual property legislation, including, without restriction, copyright, trade-marks, patents, trade secrets and other property rights.
The names Coractive, Coractive High-Tech, “The New Shape of Light,” Nanopeak, Coractive’s logo and all names, logos, names of products and services, sketches, images and slogans related thereto are trade-marks of Coractive or its licensors. You are prohibited from using these trade-marks without the prior written permission from Coractive. The other names, logos, names of products and services, sketches, images and slogans mentioned or which are used on the Website are trade-marks belonging to their respective owners. Absent specific authorization, the use of this property is an offence or an infringement of the right of ownership, may also be an infringement of federal legislation or of other laws for which the offender is subject to judicial prosecution.
You may use the Website only for your personal use and not for any commercial purposes, pursuant to the rights and license granted in section 3. You shall not, directly or indirectly, reproduce, collate for an in-house database, distribute, modify, create derivative works, publicly show, publicly display, republish, download, archive or transmit any material on our Website in any shape, form and on any media whatsoever, except for the following:
a) Your computer and your browser may temporarily store or cache copies of documents consulted and viewed;
b) A reasonable number of copies strictly for personal use may be printed, mentioning ownership and said copies may be used only for personal, legal or non-commercial purposes and not for subsequent reproduction, publication or distribution in any form whatsoever and on any medium; and
c) In cases in which social media platforms are linked to certain content on our Website, you may apply the measures permitted by our Website and these social media platforms.
You are not authorized to modify the copies of any material on this Website, or to delete or modify any copyright, trade-mark or other notices of property rights of the copies of the Website material. You shall not access or use for commercial purposes any portion of the Website or any service or material available through the Website.
If you print, copy or download part of our Website by infringing these Conditions for Use, your right to use the Website shall immediately cease and you shall, at our option, return to us or destroy any copy of the documents you made. You have no right, title to or interest in the Website or on any of its contents and all rights not specifically granted are reserved by Coractive. Any use of the Website that is not specifically authorized hereunder is an breach of these Conditions for Use and can infringe copyright, trade-marks and other intellectual property legislation.
5. YOUR OBLIGATIONS
By using this Website, and without restricting the general nature of what is otherwise stipulated in the Conditions for Use, you agree: (i) to comply with all applicable laws, including without restrictions, protection of privacy legislation and legislation protecting intellectual property; (ii) to supply us with accurate information and to keep it up to date; and (iii) to use the Website responsibly and reasonably. In addition, you agree not to:
a) use the Website in any way to harass, abuse, stalk, threaten, defame or otherwise infringe the rights of any other party;
b) use the Website for publicity or to solicit any Visitor;
c) use the Website to resell any product or service;
d) make commercial use of the Website;
e) knowingly introduce into the Website any virus, Trojan horse, worm, logical bomb or other malicious or technologically harmful material or any other prejudicial content;
f) include a link to the Website without our prior specific written consent, except as provided herein;
g) use tools or other methods to extract, exploit or assemble Website data;
h) do anything that restricts or prevents the use or enjoyment of the Website by anyone, or which, as we determine, may prejudice Coractive or Visitors to our Website or subject ourselves or these other Visitors to any liability;
i) use the Website in any way that may deactivate, overload, damage or deteriorate it or interfere with the use of the Website by any other party;
j) use any robot, search engine or any other device, process or automatic means to access the Website for any purpose whatsoever, including the surveillance or copying of any Website content or other material on the Website;
k) attempt to attack the Website’s security measures;
l) attempt to obtain unauthorized access, to interfere with, damage or upset any part of the Website, the server which hosts the Website or any server, computer or database connected to the Website; and
m) attack the Website by denial of service or by distributed denial of service attacks.
6. CONFIDENTIALITY
By submitting your personal information and by using our Website, you agree to the collection, use, reproduction, hosting, transmission and disclosure of the submitted personal information in compliance with our Notice Regarding the Protection of Personal Information and our Notice Regarding Cookies.
7. THIRD PARTY WEBSITES
For your convenience, the Website may post links to third party websites. We make no representations and give no warranties regarding other websites which may be accessed from our Website. If you choose to access these websites, you do so at your own risk. We have no control over the content of these third party websites or for any loss or damage which may result from your use of these sites. You are subject to all of the general conditions of these third party websites.
These links to third party websites from our Website may include links to certain functions of social media that allow you to personally connect, publish or transmit, or by using certain third party websites, some Website content. You may use these functions only when we supply them and only regarding the identified content.
You may post a link to our homepage, provided you do so fairly and legally, not prejudice our reputation or make a profit from it. You must not post a link to suggest a type of association, approval or support with or by us when none exists. Our Website must not be presented on another website and you cannot post a link to part of our Website other than the homepage. We reserve the right without giving prior notice, to withdraw the authorization to create a link. The website in which you create or post a link must comply with the Conditions for Use in all respects. You agree to cooperate with us to obtain the immediate cessation of any unauthorized justification or link.
8. RELIABILITY
Our website content is supplied strictly as general information. Its purpose is not to give advice on which you should or could rely. Before undertaking or refraining from undertaking any initiative on the basis of the content of our Website, you must obtain more specific or professional advice.
Although we make reasonable efforts to update the information on our Website, we make no representations, give no warranty or assurance, whether express or implied, that the content of our Website is accurate, complete or up to date. You use our Website at your own risk and neither Coractive, its parent corporation, its respective affiliates, their directors, officers, employees, agents, service suppliers, contractors, licensors, licensees, suppliers nor successors shall entail any liability or obligation resulting from your use of this Website.
The Website may include content supplied by third parties, including other Visitors and third party licensors. All statements made and/or opinions given within such third party content, other than the content supplied by Coractive, are strictly the opinions and the responsibility of the person or the entity supplying said content. This content is not necessarily Corative’s opinion. Neither Coractive, its parent corporation, its respective affiliates, their directors, officers, employees, agents, service suppliers, contractors, licensors, licensees, suppliers nor successors shall entail any liability or obligation to you or to a third party, for the content or accuracy of any third party content.
9. GEOGRAPHICAL RESTRICTIONS
Coractive is based in the province of Quebec, Canada. This Website is not to be used in any jurisdiction where its use is not authorized. If you access the Website from outside of Canada, you do so at your own risk and you are responsible for complying with local legislation in your jurisdiction.
10. EXCLUSION OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND ITS CONTENT AND OF ANY SERVICE OR CONTENT FOUND OR OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ALL SERVICES OR ELEMENTS FOUND OR OBTAINED THROUGH THE WEBSITE ARE SUPPLIED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, INCLUDING WITHOUT ANY RESTRICTIONS, IMPLICIT WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WHAT PRECEDES SHALL NOT AFFECT THE WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER CORACTIVE, NOR ITS PARENT CORPORATION, THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE SUPPLIERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS NOR RESPECTIVE SUCCESSORS (AN “EXONERATED PARTY”) GIVE(S) ANY WARRANTY, MAKE(S) ANY REPRESENTATION OR GIVE(S) ANY APPROVAL ABOUT THE COMPREHENSIVENESS, QUALITY, SECURITY, RELIABILITY, RELEVANCY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR OF ITS CONTENTS, NOR REGARDING THE RESULTS WHICH MAY BE OBTAINED BY THE WEBSITE. WITHOUT RESTRICTING WHAT PRECEDES, NO EXONERATED PARTY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICE OR ELEMENT FOUND OR OBTAINED THROUGH THE WEBSITE IS ACCURATE, RELIABLE, FREE OF ERRORS OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER WHICH HOSTS IT ARE FREE OF VIRUSES OR OTHER HARMFUL CONTENT.
WE CANNOT AND WE DO NOT WARRANT THAT THE FILES OR DATA AVAILABLE FOR DOWNLOADING ON INTERNET OR ON THE WEBSITE ARE FREE OF VIRUSES OR OTHER MALICIOUS CODES. YOU ALONE ARE ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND FOR THE SECURITY OF YOUR COMPUTER, OF INTERNET AND OF YOUR DATA. TO THE EXTENT PROVIDED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL OF SERVICE ATTACK, A DISTRIBUTED DENIAL OF SERVICE ATTACK, OVERLOAD, FLOODING, BOMBING OR ANY ELECTRONIC COMMUNICATION OR A CRASH, VIRUSES, TROJAN HORSES, WORMS, LOGICAL BOMBS OR ANY OTHER TECHNOLOGICALLY HARMFUL MATERIAL OR WHICH COULD INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR ANY OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR BECAUSE OF ANY SERVICE OR ELEMENT FOUND OR OBTAINED THROUGH THE WEBSITE OR FROM THE DOWNLOADING OF ANYTHING POSTED ON IT OR FROM ANY SERVICE LINKED TO IT.
11. LIMITED LIABILITY
EXCEPT WHEN SUCH EXCLUSIONS ARE PROHIBITED BY LAW, NAMELY UNDER THE CONSUMER PROTECTION ACT, WHEN YOU ARE A QUEBEC CONSUMER, IN NO CASE WILL AN EXONERATED PARTY BE LIABLE FOR NEGLIGENCE, GROSS FAULT, FOR A NEGLIGENT FALSE STATEMENT, A FUNDAMENTAL BREACH, FOR ANY TYPE OF DAMAGES UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, ACCESSORY, CONSECUTIVE OR PUNITIVE DAMAGES, INCLUDING WITHOUT RESTRICTION, BODILY INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF INCOME, LOSS OF PROFITS, ANTICIPATED LOSS OF ACTIVITIES OR SAVINGS, LOSS OF USE, LOSS OF CLIENTELE, LOSS OF DATA, WHETHER CAUSED BY CIVIL DELICTUAL LIABILITY (TORT), (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, INFRINGEMENT OF PRIVACY OR OTHER, EVEN IF THE PARTY WAS ALLEGEDLY INFORMED OR HAD REASON TO KNOW, RESULTING FROM OR IN CONNECTION WITH YOUR USE OR THE INABILITY TO USE THE WEBSITE OR HAVING CONFIDENCE IN THE WEBSITE, OR IN ANY RELATED WEBSITE OR THIRD PARTY WEBSITE, AS WELL AS ANY CONTENT, MATERIAL, DISPLAY, OR INFORMATION ON THE WEBSITE, EVEN IF THE PARTY WAS ALLEGEDLY INFORMED OR HAD REASONS TO KNOW.
NOTWITHSTANDING THE PRECEDING PARAGRAPHS, IF CORACTIVE IS HELD TO BE LIABLE, OUR LIABILITY TO YOU OR TO A THIRD PARTY, IS LIMITED TO $20, EXCEPT IF SUCH A LIMIT IS PROHIBITED BY LAW, NAMELY UNDER THE CONSUMER PROTECTION ACT.
12. INDEMNITY
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless an Exonerated Party for any claim, liability, damages, interest, judgments, rulings, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) resulting from or caused by your infringement of these Conditions for Use or from your use of the Website, namely but not restrictively, third party websites, any use of content, services and products of or from the Website other than what is specifically authorized under the Conditions for Use.
13. DURATION AND TERMINATION
13.1 Duration
Your right to use the Website begins on the date you accept these Conditions for Use and continues for an unlimited period of time (unless it is terminated pursuant to these Conditions for Use).
13.2 Termination for convenience
You may terminate these Conditions for Use at any time by contacting Customer Service at the email address specified below. Coractive may also terminate these Conditions for Use for convenience reasons by giving you a prior notice of five days.
13.3 Termination for cause
These Conditions for Use may be terminated by either of the parties for the following reasons: i) with a prior notice of three days if the other party infringes or breaches a material provision of these Conditions for Use and does not remedy said infringement or breach before the end of the three-day period, or ii) with an immediate effect and without a prior notice if the other party becomes insolvent or is voluntarily or involuntarily petitioned into bankruptcy, is subject to a business reorganization or any other similar measure, or of an assignment for the benefit of his (its) creditors, or if a receiver is appointed for any reason whatsoever, or if a party ceases doing business or otherwise terminates his (its) commercial activities, except in case of an assignment authorized hereunder. Coractive may temporarily cease the performance of its obligations during any remedial period.
In case of the termination of these Conditions for Use for any reason whatsoever, your right to access and use the Website shall cease and you must delete from your systems and devices any material belonging to Coractive.
14. APPLICABLE LAWS AND JURISDICTION
The Website and these Conditions for Use shall be governed under and interpreted in compliance with the applicable laws of the province of Quebec and Canada, without taking into consideration the principles of conflict of laws and notwithstanding your domicile, your residence or your physical location.
Any legal proceedings or procedures resulting from this Website or concerning it and/or these Conditions for Use shall be undertaken before the courts of the province of Quebec, in the judicial district of Quebec and/or in the Federal Court of Canada and each party irrevocably submits to the exclusive jurisdiction of these courts for any such type of proceedings or procedure. You waive any objection to the exercise of jurisdiction over you by these courts and to their jurisdiction.
15. UPDATING AND AMENDMENT
15.1 Applicable version. The Conditions for Use are in force on the date mentioned in the beginning of said Conditions for Use and they replace any prior version. A history of the versions of these Conditions for Use may be obtained on request from Customer Service. The version of these Conditions for Use is the one that was in force at the point in time in question.
15.2 Amendments to the Conditions for Use. Our Website is in constant evolution and accordingly, these Conditions for Use may be amended by Coractive from time to time at its entire discretion. When we make any amendments, we shall publish them on this page for some time to draw your attention to them, as well as to the Website homepage, to show that these Conditions for Use were amended. If these amendments are substantial or require your consent, we shall also inform you by email if we have your email address.
16. NOTICES, COMPLAINTS AND COMMUNICATIONS
Any notice which must or may be given under these Conditions for Use must be in writing and will be considered as having been validly given if it is sent by email or by registered mail to the following addresses:
Customer Service – CORACTIVE HIGH-TECH INC.
4680 Michelet Street
Quebec City, Quebec G1P 0B5
Canada
Email: info@coractive.com