Terms and conditions

Thank you for visiting the Maison Alcan Website, a property of Groupe MACH Inc. Please take the time to read and understand these Terms and Conditions of Use. The Terms and Conditions set out below constitute a legal document describing your rights and obligations as a user.

 

These Terms and Conditions of Use also incorporate Groupe MACH’s Privacy Policy.

 

By accessing and using this Website, you acknowledge that you have read, understood and agree, without limitation or qualification, to be bound by these Terms and Conditions of Use, the Privacy Policy, all disclaimers, all terms and conditions contained herein, and all applicable laws. If you are dissatisfied with these Terms and Conditions of Use, the Privacy Policy or the content of the Website, you agree that your sole and exclusive remedy is to discontinue using this Website.

 

The Website, including these Terms and Conditions of Use, may be amended from time to time. Any changes to these Terms and Conditions of Use will be posted on this page, and your continued use of the Website following the posting of such changes constitutes your acceptance of the Terms and Conditions of Use as amended.

 

Contact information

 

This Website is owned and operated by Groupe MACH Inc.

630 Saint-Paul Street West

Montréal, Québec H3C 1L9

Canada

 

Content

 

You acknowledge and agree that Maison Alcan and Groupe MACH Inc., together with their licensors and partners, own all rights, title and interest, including all intellectual property rights (whether registered or unregistered and wherever such rights may exist throughout the world), in and to the Website and any information contained therein, including, without limitation, data, photographs, graphics, text, images, logos, icons, designs, trademarks, service marks, music, sounds, audio clips, recordings, videos, software and any compilation of such information (collectively, the “Content”). Your use of this Website does not grant you any right, title or interest whatsoever in the Content and/or the Website.

 

Unless otherwise indicated, you may not copy, modify, adapt, delete, enhance, publish, transmit, create derivative works from, create or sell products derived from, display, distribute, exploit or otherwise use the Content, in whole or in part, without the express prior written consent of Groupe MACH.

 

Without limiting the generality of the foregoing, you acknowledge that: (i) the domain name is the exclusive property of Groupe MACH Inc. and any unauthorized registration of related domain names will not be tolerated; and (ii) you are not authorized to use the trade names, trademarks, service marks, logos or any other distinctive branding elements of Maison Alcan or Groupe MACH Inc. without the express prior written authorization of Groupe MACH.

 

If the Website contains hyperlinks to third-party websites, Maison Alcan and Groupe MACH shall not be held responsible for the content of such websites.

 

Maison Alcan and Groupe MACH grant you a limited, revocable and non-exclusive right to create a hyperlink to the Website’s homepage for personal, non-commercial purposes only. Any website that contains a hyperlink to the Website:

 

(i)    may link to the Content but may not reproduce it;

(ii)   may not imply that Maison Alcan or Groupe MACH endorses such website, its services or its products;

(iii) may not make false or misleading representations regarding its relationship with Maison Alcan or Groupe MACH;

(iv)  may not contain content that could be considered offensive, obscene, objectionable or controversial, and may only contain content suitable for all audiences;

(v)   may not portray Maison Alcan or Groupe MACH, their products or services in a false, misleading, derogatory or otherwise offensive manner, nor associate Maison Alcan or Groupe MACH with undesirable products, services or opinions.

 

Groupe MACH may, at its sole discretion, request that you remove any hyperlink to the Website and, upon receipt of such request, you must immediately remove the hyperlink.

 

User obligations

 

You are authorized to use information regarding Maison Alcan that has been intentionally made available to the public by Groupe MACH, by downloading or copying it from the Website, provided that:

 

• you do not modify such information and do not remove any copyright, trademark, service mark or other intellectual property notice;
• you use such information solely for personal and non-commercial purposes;
• you identify the Website as the source of such information; and
• you make no representations or warranties with respect to such information.

 

Any other use of the Website or the Content is strictly prohibited.

 

Any unlawful or unauthorized use of the Website constitutes a breach of these Terms and Conditions of Use. Accessing the Website by any means that contravenes these Terms and Conditions of Use or the laws and regulations of Canada or of the country from which you access the Website is strictly prohibited.

 

Unlawful or unauthorized uses of the Website include, without limitation, the use of any automated device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any network connected to the Website, or to reproduce or circumvent the navigational structure or presentation of the Website or the Content.

 

Contact

 

CONTACT

 

Groupe MACH welcomes any inquiries or comments regarding Maison Alcan’s products or services (collectively, the “Comments”) at the following address:

 

[email protected]

 

If you submit Comments, you represent and warrant that such Comments do not constitute and do not contain computer viruses, commercial solicitations, chain letters, mass mailings or any other form of unsolicited communication (“spam”).

 

You may not use a false email address, impersonate any person or entity, or otherwise mislead Maison Alcan or Groupe MACH as to the origin of any Comments.

 

Disclaimer

 

You expressly acknowledge and agree that:

 

1. The Website is provided on an “as is” and “as available” basis. Subject to applicable law, Maison Alcan and Groupe MACH make no representations, warranties or conditions of any kind with respect to the Website or its Content, whether express, implied or statutory.

 

1. Without limiting the foregoing, Maison Alcan and Groupe MACH do not endorse, warrant or represent in any way:
2. that the information contained on the Website is accurate, complete, reliable, useful, timely or current;
3. that the Website will meet your requirements or expectations;

• that the Website will be error-free, secure, uninterrupted, or free from delays in operation or transmission;

1. that the results obtained from the use of the Website will be accurate or reliable;
2. that the quality of any information provided through the Website will meet your expectations;
3. that the servers hosting the Website are free of viruses, malware or other harmful components, including through any hyperlink to or from a third-party website; or

• that any errors contained on the Website will be corrected.

 

1. Any material downloaded or otherwise obtained through the Website is accessed at your own risk. You are solely responsible for any damage to your computer system or loss of data resulting from the download or acquisition of such material. You alone (and not Maison Alcan, Groupe MACH or any third parties with whom they may occasionally collaborate) assume all costs associated with any necessary servicing, repairs or corrections.

 

1. Without limiting the foregoing, no advice or information, whether oral or written, obtained from Maison Alcan, Groupe MACH or through the Website shall create any warranty not expressly stated in these Terms and Conditions of Use.

 

Limitation of liability

 

For Consumers:

 

To the fullest extent permitted by applicable law, and except where resulting from their own acts or omissions, Maison Alcan, Groupe MACH, and their employees, directors, officers and representatives shall not be liable for any damages arising from the use of, or inability to use, the Website, or resulting from unauthorized access to data or the alteration of your transmissions, including, without limitation, any indirect, special, incidental or consequential damages of any kind whatsoever, including, without limitation, damages for loss of profits, loss of data or other intangible losses, even if Maison Alcan, Groupe MACH, their employees, directors, officers or representatives have been advised of the possibility of such damages.

 

If you are dissatisfied with the Website or the Content, or if you do not agree with these Terms and Conditions of Use, you must immediately discontinue use of the Website and the Content.

 

For Users Other Than Consumers:

 

 

To the fullest extent permitted by applicable law, and except where resulting from gross negligence or wilful misconduct, Maison Alcan, Groupe MACH, and their employees, directors, officers and representatives shall not be liable for any damages arising from the use of, or inability to use, the Website, or resulting from unauthorized access to data or the alteration of your transmissions, including, without limitation, any indirect, special, incidental or consequential damages of any kind whatsoever, including, without limitation, damages for loss of profits, loss of data or other intangible losses, even if Maison Alcan, Groupe MACH, their employees, directors, officers or representatives have been advised of the possibility of such damages.

 

If you are dissatisfied with the Website or the Content, or if you do not agree with these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue use of the Website.

 

Indemnification

 

You agree to defend, indemnify and hold harmless Maison Alcan and Groupe MACH Inc. from and against any loss, damage, cost or expense, including reasonable legal fees, arising out of or relating to any third-party claim, action or demand resulting from your use of the Website.

 

You further agree to indemnify and hold harmless Maison Alcan and Groupe MACH Inc. from and against any loss, damage, cost or expense, including, without limitation, reasonable legal fees, arising from your use of bots, spiders, crawlers or other similar data gathering or extraction tools, or from any other action taken by you that imposes an unreasonable burden or load on the infrastructure of Maison Alcan or Groupe MACH.

 

Violations

 

Any breach of these Terms and Conditions of Use or of any other rule, policy or agreement of Maison Alcan or Groupe MACH, including any unauthorized use of the Website, may be investigated and may result in legal action, including, without limitation, civil, criminal or injunctive proceedings.

 

Governing law and jurisdiction

 

The Website is operated from MONTRÉAL, QUÉBEC, CANADA. Accordingly, any dispute between a user and Maison Alcan or Groupe MACH shall be governed by the laws of the Province of Québec and the applicable laws of Canada, without regard to conflict of laws principles.

 

You agree to submit to the exclusive jurisdiction of the courts of the Province of Québec, Canada, with respect to any dispute, claim or proceeding arising out of or relating to the use of the Website.

 

Miscellaneous provisions

 

These Terms and Conditions of Use constitute the entire agreement between you and Maison Alcan and Groupe MACH regarding your use of the Website. These Terms and Conditions of Use supersede all prior agreements, understandings and arrangements relating to the use of the Website.

 

In the event of any discrepancy between the French and English versions of these Terms and Conditions of Use, the French version shall prevail.

 

Nothing in these Terms and Conditions of Use shall be construed as creating any agency, partnership, joint venture or other form of legal association between you and Maison Alcan or Groupe MACH.

 

Any failure by Maison Alcan or Groupe MACH to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms and Conditions of Use is found to be invalid, illegal or unenforceable, in whole or in part, the remaining provisions shall remain in full force and effect, subject to applicable law. Any invalid, illegal or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the original intent of the parties.

 

Maison Alcan and Groupe MACH may, with or without prior notice, terminate any rights granted under these Terms and Conditions of Use. Upon such termination, you must immediately comply with any termination notice or other notice received, including, where applicable, by ceasing all use of the Website.

 

Any questions regarding these Terms and Conditions of Use may be directed to Groupe MACH by email at:

 

[email protected]