BESTCOST ÉLECTRONIQUE INC..ca Website Agreement
Please note that all information contained on this site is provided as information only. Any modification of availability, products, services and price may be done without prior notification, the computer market being very volatile.
BESTCOST ÉLECTRONIQUE INC. Website Agreement valid since 20 July 2005
Please read this agreement very carefully. It governs your use of the BESTCOST ÉLECTRONIQUE INC. Website as well as the services and products delivered by the Website company (a.k.a. the Website). The agreement includes exoneration provisions and limitations on the responsibilities of BESTCOST ÉLECTRONIQUE INC. and other persons, and other important provisions that you should be aware of. Every time you use this Website, you recognize and notice that you have read and understood the present agreement and agree to be bound by it. You cannot use this Website if you do not accept every provision of the present agreement every time you use it.
Every time you use this Website, the text of the current agreement governs your use. Consequently, you should take cognizance of the present agreement and take cognizance of any modification made to it since the last version.
The present agreement contains the following provisions:
- Your acceptance of the present agreement
- Modification of the present agreement
- Users and authorized access
- Typing and other errors, availability, price and product orders
- Absence of opinion or request
- Denial of responsibility, exclusion of responsibility, limitation of responsibility, discharge and compensation
- Usernames and passwords
- Termination of the present agreement and closure of the Website
- Supply of information
- Ownership and authorized use of the Website
- Confidentiality of personal data
- Information on trademarks
- Other Websites
- Creation of links with the Website and framing of the Website
- Notice and presentation of non requested data
- Provisions concerning operations
- Provisions concerning software
- Applicable laws and dispute resolution
- Other questions
1. YOUR ACCEPTANCE OF THE PRESENT AGREEMENT
The present text constitutes an agreement between you and BESTCOST ÉLECTRONIQUE INC. and governs your use of the Website, its content and the services and products offered by the Website company. Every time you use the Website, you recognize that you accept and that any person that you pretend to represent, accepts (in the present agreement, "person" is understood as any physical or moral person), without limitations or reserve, to be bound by the present agreement and you declare and guarantee that you have the legal authority to accept the present convention in your own name or in the name of the person you pretend to represent. If you do not accept all of the provisions of the present agreement, or if you are not authorized to accept the present agreement, or if you do not have the legal authority to accept the present agreement, you cannot use this Website.
2. MODIFICATION OF THE PRESENT AGREEMENT
You cannot modify or add to the present agreement in any way whatsoever. BESTCOST ÉLECTRONIQUE INC. may, at its entire discretion, modify or add to the present agreement concerning your future use of the Website, from time to time, for any reason, without informing you or informing anyone else and without engaging its responsibility towards you or anyone else by posting a revised agreement on the Website.
3. USERS AND AUTHORIZED ACCESS
Only Canadians residents which are of full age or at the age foreseen by the law of their territory of residence and that may conclude a binding contract in accordance with the applicable laws may use this Website. Persons residing in territories where access to the Website or any part of it or its use may be illegal or forbidden cannot use this Website. It is your responsibility to determine whether you can legally use this Website, and you must observe all applicable laws.
4. TYPING AND OTHER ERRORS, AVAILABILITY, PRICE AND PRODUCT ORDERS
BESTCOST ÉLECTRONIQUE INC. spares no effort to ensure that the information given on the Website is up-to-date and accurate. However, it is possible that typing and other errors could happen. Consequently, BESTCOST ÉLECTRONIQUE INC. reserves its right to modify prices and charges applicable to the products and services offered on the Website at any time, without informing you or informing anyone else and without engaging its responsibility towards you or anyone else. Moreover, BESTCOST ÉLECTRONIQUE INC. cannot guarantee that the products and services offered on the Website will be available at the moment they are ordered or later. Furthermore, BESTCOST ÉLECTRONIQUE INC. reserves its right to refuse, correct or cancel an order or to terminate an order for any reason whatsoever. If you order products or services for which the price was wrong, BESTCOST ÉLECTRONIQUE INC. will allow you to put an order with the correct prices. If you order products or services which BESTCOST ÉLECTRONIQUE INC. cannot supply, you will be informed by e-mail. BESTCOST ÉLECTRONIQUE INC. reserves its right to limit the quantities sold or granted under license.
Advertisements posted on the Website are invitations to make an order and not sale offers. Your order form duly completed and delivered constitutes your sale offer of products and services indicated in your order. You order is deemed to have been accepted only when BESTCOST ÉLECTRONIQUE INC. sends you an order acceptation notice and a shipping notice by e-mail. The order acceptation notice and the shipping notice indicate that BESTCOST ÉLECTRONIQUE INC. accepts your order. If you wish to cancel an order, you can request it by sending us an e-mail. However, it is possible that BESTCOST ÉLECTRONIQUE INC. will not receive your cancellation request and treat it before having accepted and treated your order; in that case, your cancellation request may not be processed.
5. ABSENCE OF OPINION OR REQUEST
THE WEBSITE IS OFFERED FOR PRACTICAL MEANS AND INFORMATION. IT IS NOT MEANT TO OFFER AN EXHAUSTIVE OR DETAILED DECLARATION CONCERNING THE MATTERS THAT IT TREATS, NOR OPINIONS OR RECOMMENDATIONS, NOR A SALE OR PURCHASE OFFER OF ANY OF THE PRODUCTS OR SERVICES. YOU SHOULD CONSULT A PROFESSIONAL ADVISOR AND OBTAIN ITS RECOMMENDATIONS BEFORE ACTING OR NOT BASED ON THE DATA PROVIDED ON THE WEBSITE OR THROUGH IT.
6. DENIAL OF RESPONSIBILITY, EXCLUSION OF RESPONSIBILITY, LIMITATION OF RESPONSIBILITY, DISCHARGE AND COMPENSATION
BESTCOST ÉLECTRONIQUE INC. spares no efforts to ensure that your use of the Website be a useful and pleasant experience, and that the Website offers you an easy and safe way to buy products on the Internet. However, BESTCOST ÉLECTRONIQUE INC. and its service providers (the "providers") are in no way liable of your use of the Website. Consequently, the following provisions applies to your use of the Website:
DENIAL OF RESPONSIBILITY
YOU USE THE WEBSITE AT YOUR OWN RISKS.
BESTCOST ÉLECTRONIQUE INC. AND THE PROVIDERS MAKE AND GIVE NO DECLARATION, GUARANTEE OR CONDITION OF ANY KIND, EXPLICITLY OR IMPLICITLY, INCLUDING, SPECIALLY, AN IMPLICIT GUARANTEE OF PRODUCT QUALITY, OF ADAPTATION TO PERSONAL USE, OF EFFICIENCY OR OF DURABILITY, IN SO FAR AS THE LAW ALLOWS IT.
YOU (AND NOT BESTCOST ÉLECTRONIQUE INC. AND THE PROVIDERS) TAKE CHARGE OF ALL THE COSTS ARISING FROM MAINTENANCE AND REPAIR WORK, OR FROM CORRECTIONS THAT MUST BE MADE TO COMPUTER MATERIAL OR OTHER FOLLOWING YOUR USE OF THE WEBSITE.
MANY FACTORS OUT OF REACH OF BESTCOST ÉLECTRONIQUE INC. MAY HAVE CONSEQUENCES ON THE WORKING OF THE WEBSITE. IT IS POSSIBLE THAT THE WORKING OF THE WEBSITE MAY NOT BE CONTINUOUS, UNINTERRUPTED OR SAFE. ALL RISKS CONCERNING SECURITY AND CONFIDENTIALITY CANNOT BE ELIMINATED.
BESTCOST ÉLECTRONIQUE INC. DOES NOT HAVE TO VERIFY THE IDENTITY OF THE WEBSITE USERS.
WHEN YOU USE THE WEBSITE, YOU MAY HAVE THE OCCASION TO MAKE FINANCIAL OPERATIONS WITH OTHER PERSONS. YOU MAKE SUCH OPERATIONS AT YOUR OWN RISKS. BESTCOST ÉLECTRONIQUE INC. IS NOT PART OF THESE OPERATIONS AND DENIES ALL RESPONSIBILITIES TOWARDS THEM.
WITHOUT LIMITING THE GENERAL CHARACTER OF THE ABOVE, BESTCOST ÉLECTRONIQUE INC. AND ITS PROVIDERS MAKE OR GIVE NO DECLARATION, GUARANTEE OR CONDITION TOWARDS THE FOLLOWING:
THAT THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND YOUR PERIPHERALS AND SOFTWARE;
THAT THE WEBSITE WILL BE AVAILABLE, THAT IT WILL RUN CONTINUOUSLY, THAT IT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED;
THAT THE WEBSITE WILL SATISFY YOUR REQUIREMENTS;
THAT THE DATA OFFERED ON THE WEBSITE OR THROUGH IT WILL BE EXACT, COMPLETE, SEQUENTIAL AND CONVENIENT;
THAT RESULTS OR CERTAIN RESULTS WILL BE PROVIDED BY USING THE WEBSITE;
THAT THE USE OF THE WEBSITE, INCLUDING NAVIGATION AND DOWNLOADING OF INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR PERTURBING COMPONENTS; OR
THAT THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;
BOTH BESTCOST ÉLECTRONIQUE INC. AND ITS PROVIDERS DENY ANY RESPONSIBILITY CONCERNING THESE QUESTIONS AS FAR AS THE LAW ALLOWS IT.
EXCLUSION OF RESPONSIBILITY
BESTCOST ÉLECTRONIQUE INC. AND ITS PROVIDERS WILL, IN NO WAY, BE LIABLE TOWARDS YOU OR ANYONE ELSE FOR THE LACK OF USAGE, PRODUCTION OR BENEFITS (FORESEEN OR OTHER) OF MARKETS, FINANCIAL LOSS, DAMAGE OR PARTICULAR LOSS, INDIRECT OR CONSECUTIVE OR EXEMPLARY DAMAGE, SHOULD THEY BE BY CONTRACT, CRIMINAL OR AIMED BY ANOTHER PRINCIPLE OF THE LAW OR OF THE EQUITY, REFERABLE OR CONNECTED TO YOUR USE OF THE WEBSITE OR ITS USE BY ANOTHER PERSON, INDEPENDENTLY FROM ANY NEGLIGENCE OR OTHER FAULT OR MISCONDUCT BY BESTCOST ÉLECTRONIQUE INC. OR ANY PROVIDER OR ANY PERSON FOR WHICH BESTCOST ÉLECTRONIQUE INC. OR ITS PROVIDERS ARE RESPONSIBLE AND NOTWITHSTANDING THE FACT THAT BESTCOST ÉLECTRONIQUE INC. OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
LIMITATION OF RESPONSIBILITY
THE TOTAL RESPONSIBILITY OF BESTCOST ÉLECTRONIQUE INC. OR ITS PROVIDERS TOWARDS YOU OR ANYONE ELSE CONCERNING COMPLAINTS, PROCEDURES, OBLIGATIONS, DAMAGES, LOSSES AND COSTS, THAT THEY BE CONTRACTUAL, CRIMINAL OR ARE AIMED BY ANOTHER PRINCIPLE OF THE LAW OR EQUITY, INDEPENDENTLY OF ANY NEGLIGENCE OR ANOTHER FAULT OR MISCONDUCT ON BEHALF OF BESTCOST ÉLECTRONIQUE INC. OR OF ANY PERSON OF WHICH IS RESPONSIBLE BESTCOST ÉLECTRONIQUE INC., CANNOT IN NO CASE EXCEED 25 $CAN OR THE AMOUNT THAT YOU SPENT WITH BESTCOST ÉLECTRONIQUE INC. FOR THE USE OF THE WEB SITE, ACCORDING TO THE LOWEST OF THESE AMOUNTS.
BY THE PRESENT, YOU DISCHARGE AND RELEASE DEFINITIVELY BESTCOST ÉLECTRONIQUE INC. AND ITS SUPPLIERS AND ALL THEIR AGENTS, ADMINISTRATORS, LEADERS, EMPLOYEES, INFORMATION AND SERVICES PROVIDERS AND OTHER SUPPLIERS AND MEMBERS AND RESPECTIVE LICENSE HOLDERS, LIKE ALL OTHER PEOPLE CONNECTED OR ASSOCIATED, OF RIGHTS, CLAIMS, COMPLAINTS, REQUESTS, CAUSES OF ACTION, PROCEDURES, RESPONSIBILITIES, OBLIGATIONS, LAWYERS' FEES, EXPENSES AND OUTLAY OF ANY NATURE , WHATEVER IS THE CAUSE, WHETHER THEY ARE KNOWN OR NOT, THAT THEY EXIST AT THE PRESENT TIME OR IN THE FUTURE, REFERABLE OR CONNECTED TO YOUR USE OF THE WEBSITE.
YOU AGREE TO COMPENSATE BESTCOST ÉLECTRONIQUE INC. AND ITS SUPPLIERS AND ALL THEIR AGENTS, ADMINISTRATORS, LEADERS, EMPLOYEES, INFORMATION AND SERVICE PROVIDERS AND OTHER SUPPLIERS AND MEMBERS AND RESPECTIVE LICENSE HOLDERS, ALL OTHER PEOPLE CONNECTED OR ASSOCIATED (COLLECTIVELY, "COMPENSATED PEOPLE"), ALL RESPONSIBILITIES AND EXPENDITURE AND ALL COSTS, INCLUDING, IN PARTICULAR, LAWYERS' FEES AND REASONABLE LEGAL EXPENSES, ENGAGED BY THE COMPENSATED PEOPLE WITH REGARD TO ANY COMPLAINT OR REQUESTS REFERABLE OR CONNECTED TO YOUR USE OF THE WEB SITE OR YOUR VIOLATION OF THIS AGREEMENT. YOU AGREE TO BRING ALL THE HELP AND COLLABORATION REASONABLY REQUIRED BY THE COMPENSATED PEOPLE TO OPPOSE A DEFENSE TO SUCH A COMPLAINT OR REQUEST.
THE OPINIONS OR INFORMATION WHICH BESTCOST ÉLECTRONIQUE INC. OR ITS REPRESENTATIVES CAN PROVIDE, VERBALLY OR WRITTEN, DO NOT CONSTITUTE A DECLARATION, A GUARANTEE OR A CONDITION, AND DO NOT MODIFY THE PRESENT AGREEMENT AT ALL, INCLUDING THE PROVISIONS OF DENIAL OF RESPONSIBILITY, EXCLUSION OF RESPONSIBILITY, LIMITATION OF RESPONSIBILITY, OF DISCHARGE AND COMPENSATION ABOVE, AND YOU CANNOT BASE YOURSELF ON SUCH OPINIONS OR INFORMATION.
The exclusion of certain guarantees and the limitation of certain responsibilities are prohibited by the laws of certain territories. It may be that such restrictions apply to you.
The provisions of denial of responsibility, of exclusion of responsibility, limitation of responsibility, discharge and compensation for this agreement remain into force indefinitely following the cancellation of this agreement.
7. USERNAMES AND PASSWORDS
It is possible to reach the accounts of the Website only with one username and a single password. The use of a password does not limit the access by BESTCOST ÉLECTRONIQUE INC. and its suppliers to the information protected by the password.
The usernames and passwords cannot be shared. For reasons of safety, your username and password must remain confidential; you should not reveal them to anyone, nor allow another person to use them, except by an authorized representative of BESTCOST ÉLECTRONIQUE INC.. Moreover, it matters that your password is not obvious, that it is difficult to guess and that it is secret, that you change it regularly and that you always terminate the connection by carrying out the suggested procedure.
You are the solely responsible for any use or misuse of your username and password and for all activities carried on under your username and password. You must make sure that all the uses of your username and password are in conformity with the present agreement.
You must inform BESTCOST ÉLECTRONIQUE INC. without delay if your username or password would be used without authorization, or if you know or suspect that your username or password was lost or stolen or that another person learned them or that they are otherwise compromised.
All the usernames and passwords remain the property of BESTCOST ÉLECTRONIQUE INC., which can cancel them or suspend them at any time without warning you or warning anyone else and without engaging her responsibility towards you or anyone else. Moreover, BESTCOST ÉLECTRONIQUE INC. is not at all held to check the identity or the authority of the user of a username or password.
You must answer without delay to the e-mails and other correspondences from BESTCOST ÉLECTRONIQUE INC., including, in particular, the e-mails and correspondences concerning complaints or questions arising from your use of your username or password or your use of the Website.
THE SAFETY AND CONFIDENTIALITY WHICH THE PASSWORDS PROVIDE ARE NOT COMPLETE AND CAN BE CIRCUMVENTED. YOU USE YOUR PASSWORD AT YOUR OWN RISKS.
8. TERMINATION OF THIS AGREEMENT AND CLOSURE OF THE WEBSITE
If you violate the provisions of this agreement, you will not be able to use the Website any more.
BESTCOST ÉLECTRONIQUE INC. can, with its discretion, modify or suspend the Website or part of it, or one or the other of its options, or put an end to it, in a permanent or temporary way, at any moment, for any reason, without warning you or warning anyone else and without engaging its responsibility towards you or anyone else.
BESTCOST ÉLECTRONIQUE INC. can at any time and for any reason, with or without ground, within its whole discretion, suspend or withdraw at once, entirely or partly, your permission to use the Website and your password, without warning you or anyone else and without engaging its responsibility towards you or anyone else.
If BESTCOST ÉLECTRONIQUE INC. or you cancel the present agreement or if BESTCOST ÉLECTRONIQUE INC. withdraws your permission to use the Website, for any reason, the present agreement continues nevertheless to apply and to bind you with regard to your former use of the Website, of your purchases of products and services via the Website and of any other related question.
9. SUPPLY OF INFORMATION
All the information which you provide via the Website, in particular the information necessary to the recording (name and electronic address), for the payment (number and expiring date of credit cards) and for the operations, must be veracious, exact, up to date and complete. Moreover, you must provide to BESTCOST ÉLECTRONIQUE INC. all new information relating to the recording or the payment within thirty days of any change.
BESTCOST ÉLECTRONIQUE INC. bases itself on the information which you provide. You are solely responsible for all damages, losses and additional expenses that you, BESTCOST ÉLECTRONIQUE INC. or anyone else can undergo or engage in consequence of your supply of false, inaccurate or incomplete information or of your fault to provide all new information relating to the recording or the payment within thirty days of any change. BESTCOST ÉLECTRONIQUE INC. can require a copy of a document of identification established by a governmental authority before making any modification to the information relating to your recording.
10. PROPERTY AND AUTHORIZED USE OF THE WEBSITE
The Website and all the information (in the form of text, graph, video and audio), images, icons, software, design, applications and other elements offered on the Web site or through it belong to BESTCOST ÉLECTRONIQUE INC., to its suppliers and others, and are protected by the Canadian and international laws relating to the royalties and trademarks, in particular. Your use of the Website does not confer you any right of ownership or other rights on the Website or its contents. You cannot use the Website in ways other than that described expressly in present agreement.
It is prohibited to use the Website for means that are not expressly authorized by present agreement. Unless expressively specified in the present agreement, the Website cannot be copied, imitated, reproduced, republished, downloaded upstream, posted, transmitted, modified, indexed, catalogued or distributed in any way, entirely or partly, without the preliminary written assent of BESTCOST ÉLECTRONIQUE INC.. You can employ the software used in the exploitation of the Website only when you use the Website. You are prohibited to reproduce, copy, duplicate, sell or resell any part of the Website (including the software used in its exploitation) or the access to the Website.
You can reach the Website and navigate on the Website by means of a commercial software of navigation functioning according to protocol SSL You can print or download pages of the Website for your personal needs, on the condition of not modifying the pages of the Website or another part of its contents and of not withdrawing or modifying any opinion, information of identification, visible or non-visible marks or mention of denial of responsibility.
11. CONFIDENTIALITY OF PERSONAL DATA
BESTCOST ÉLECTRONIQUE INC. collects, uses and reveals your personal data in accordance with its Policy as regards confidentiality. BESTCOST ÉLECTRONIQUE INC. can modify its Policy as regards confidentiality from time to time, within its whole discretion. By accepting the present agreement, and each time you use the Website, you accept that BESTCOST ÉLECTRONIQUE INC. collects, use and reveal your personal data in accordance with its Policy as regards confidentiality then in force, without warning you anyone else and without engaging its responsibility towards you or anyone else.
12. INFORMATION ON TRADEMARKS
BESTCOST ÉLECTRONIQUE INC.MC, the BESTCOST ÉLECTRONIQUE INC..ca logo, the BESTCOST ÉLECTRONIQUE INC. logo and the other trademarks of BESTCOST ÉLECTRONIQUE INC. appearing on the Website are trademarks and commercial names deposited and not deposited belonging to Yves Bergeron or conceded under license to BESTCOST ÉLECTRONIQUE INC.. It may be that other names of products and companies and logos posted on the Website are commercial names, trademarks or service marks deposited or not deposited by their respective owners.
It is strictly prohibited to use in any way the commercial names, trademarks, service marks and logos (collectively, "trademarks") posted on the Website, except if expressively mentioned in the present agreement. No mention appearing on the Website or elsewhere must be interpreted in order to grant, by implication, preclusion or otherwise, a license or a right of use of the trademarks posted on the Website.
13. OTHER WEBSITES
The Website can include advertisements and links aiming other Websites or the resources and companies exploited by third parties (of "other Websites"). The other Websites are independent of BESTCOST ÉLECTRONIQUE INC., and BESTCOST ÉLECTRONIQUE INC. is not at all responsible for the other Websites or their activities, products, services, or contents and does not exert any control on those. The links with the other Websites are provided only for practical means. BESTCOST ÉLECTRONIQUE INC. does not sponsor the other Websites, their contents or the products and services offered by them, and does not give them its endorsement. If you use the other Websites and make deal with the owners or operators of the other Websites, you do it at your own risks, and you commit yourselves not presenting any complaint to BESTCOST ÉLECTRONIQUE INC. in relation to your use of the other Websites or your relations with their owners or operators. The provisions of this agreement stated under the heading Denial of responsibility, exclusion of responsibility, limitation of responsibility, discharges and compensation apply, with all the modifications necessary, to your access to the other Websites and their activities, products, services and contents, and with their use.
14. CREATION OF LINKS WITH THE WEBSITE AND FRAMING OF THE WEBSITE
It is strictly prohibited to create links with the Website without the written authorization of BESTCOST ÉLECTRONIQUE INC.. You can ask for such an authorization by contacting us. BESTCOST ÉLECTRONIQUE INC. reserves the right to cancel and revoke such an authorization aiming at the creation of a link with the Website at any time, for any reason and without warning you or anyone else and without engaging its responsibility towards you or anyone else. Framing of the Website or its contents in any form and by any method is strictly prohibited.
15. POSTING AND PRESENTATION OF NON-REQUESTED INFORMATION
You cannot use technologies such as GooeyMC or ThirdVoiceMC when you use the Website or to post comments, communications or other data on the Website so that the posted information be seen by other users of the Website.
BESTCOST ÉLECTRONIQUE INC. does not accept and does not examine non-requested ideas, including the ideas new publicity campaigns, of new promotion, of products, services or technologies, new or improved, of improvements of products, processes, material, marketing plans or new names of products. The purpose of its policy is to avoid the possible misunderstandings or disagreements. Consequently, please abstain from sending non-requested ideas or suggestions or any other non-requested material (the "non-requested information") to BESTCOST ÉLECTRONIQUE INC. or to the Website.
If you present non-requested information to BESTCOST ÉLECTRONIQUE INC. or the Website, you automatically grant (or guarantee that the owner of non-requested information grants) to BESTCOST ÉLECTRONIQUE INC. and its beneficiaries, a right and a perpetual license, free of royalties, irrevocable, unlimited, nonexclusive, world, transferable and being able to be conceded by a sub-license relating to non-requested information and all related concepts, ideas, know-how or techniques, allowing them to use them, copy, reproduce, modify, adapt, publish, translate, distribute, carry out, post and exploit differently and to create derived works of them, for any aim, commercial or different, by using any means or any technique known at the present time or developed at some point in the future, and this without compensation to you or to anyone else, with no responsibility whatsoever, and no obligation of confidentiality or other duties on behalf of BESTCOST ÉLECTRONIQUE INC. or of its beneficiaries, and you agree, declare and guarantee that you give up all the moral rights attached to the non-requested information in favor of BESTCOST ÉLECTRONIQUE INC. and its beneficiaries.
16. PROVISIONS CONCERNING OPERATIONS
All the operations carried out via the Website, including the purchase and the sale of products and services and the attribution of licenses of use of software, are controlled by the present agreement and the Agreement on the applicable operation. By using the Website or while taking part in an operation via the Website, you notify your acceptance of this agreement and, if it is necessary, of the Agreement on the applicable operation.
17. PROVISIONS CONCERNING SOFTWARE
BESTCOST ÉLECTRONIQUE INC. can place at your disposal software which you can download from the Website or other Websites, including Websites exploited by suppliers. The software is protected by royalties, and their remote loading and use are governed by the Agreement on the applicable operation and by the Agreement of license of use of applicable software. When you download software, you notify your acceptance of the Agreement on the applicable operation and the Agreement of license of use of applicable software.
From time to time, BESTCOST ÉLECTRONIQUE INC. may organize contests for the users of the Website and others. All the contests are governed by the present agreement and the Rules of the applicable contest. When you take part in a contest via the Website, you notify your acceptance of this agreement and the Rules of the applicable contest.
19. APPLICABLE LAWS AND DISPUTE RESOLUTION
The Website is controlled by BESTCOST ÉLECTRONIQUE INC., of Laval, in Quebec. The present agreement, your use of the Website and all related questions are governed exclusively by the laws of Quebec and the federal laws of Canada which are applicable there, other than rules of international private law or rules as regards conflicts of laws which would involve the application of other laws.
Any disagreement between BESTCOST ÉLECTRONIQUE INC. and you or anyone else referable or connected to the Website or the present agreement or any related question must be regulated in front of the courts of Quebec, in the town of Laval, in Quebec, in Canada, and you irrevocably recognize the initial and exclusive competence of these courts with regard to such a disagreement or of such a question.
Any complaint or cause of action which you can have which is referable or is connected to your use of the Website, the present agreement or to a related question, must be carried in front of a court of competent jurisdiction in the town of Laval, in Quebec, in Canada in the six (6) months following the date on which the complaint or cause of action occurs, after which the complaint or the cause of action is definitively prescribed, notwithstanding any contrary legal or judicial provision.
20. OTHER QUESTIONS
If any provision of the present agreement would be considered to be illegal, null or incontestable for any reason whatsoever, this provision would then be deemed separated from the remainder of this agreement and will not affect any of the validity and the opposability of the remaining provisions.
The provisions of the present agreement apply to the profit of BESTCOST ÉLECTRONIQUE INC. and its suppliers and their successors, beneficiaries and connected respective people, including, in particular, BESTCOST ÉLECTRONIQUE INC. ltd., and bind them, and apply for your benefit and the profit of your heirs, executors, administrators, successors, beneficiaries and successional representatives, and bind you. You cannot yield the present agreement or rights and obligations that it confers to you without the preliminary written assent of BESTCOST ÉLECTRONIQUE INC., which this one can refuse at its whole discretion. BESTCOST ÉLECTRONIQUE INC. can for its part yield the present agreement and the rights and obligations that it confers to him without your assent.
The fact that one of the parties gives up expressly or implicitly to follow-up a failure or to a defect within the framework of this agreement does not constitute a continuous renunciation with regard to this failure or defect, and does not have to be interpreted like a renunciation to follow-up a preceding or subsequent failure or defect.
You and BESTCOST ÉLECTRONIQUE INC. are independent contractors, and the purpose of the present agreement and your use of the Website are not to create and do not create a relation of partnership, agency, joint venture, employment or franchise.
All the rights which are not expressly granted by the present agreement are reserved to BESTCOST ÉLECTRONIQUE INC..
The present agreement can be modified without notification.