The following terms and conditions (the “Terms”) constitute a legal agreement by and between Catherine Paquette and the user of catherinepaquette.com (the “Website”). Throughout the website, the terms “we”, “us” and “our” refer to Catherine Paquette.
- ACCEPTANCE OF TERMS AND CONDITIONS
By visiting our Website and/or purchasing a product on the Website, the user agrees to the following Terms. Access to the Website is subject to compliance with these Terms and policies referred to herein. All users
browsing or accessing the Website must have read the Terms and agree to abide by them in full.
Please read the following Terms carefully. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to the Terms of this agreement, you may not access the Website or use any services.
- ONLINE STORE DISCLAIMERS
The following section applies to any purchase of a service and/or product (including but not limited to: programs, offers, packages) on the Website (“Service”).
By purchasing a Service. the client represents and warrants :
- He/she is at least the age of majority in your province or territory of residence;
- He/she is a competent, effective individual who is fully able to make his/her own decisions;
- All information provided at the time of purchase is current, complete and accurate;
- He/she will promptly update any information provided if said information changes.
Any and all prices listed on the Website are in US dollars, plus applicable taxes. All sales are final and non-refundable. We reserve the right to change our fees at any time and without notice.
We reserve the right to limit the amount of sales possible for a Service. All description of a Service or the pricing is subject to change at our sole discretion, without notice. At any time, we may discontinue or modify any part of the Service, at any time without notice.
We reserve our right to refuse a sale to any person or geographic region. Any sale that, to our sole discretion, appears to be made by a reseller or a distributor will be canceled immediately. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account and/or the same credit card. In the event that we would cancel a sale you will be notified by e-mail, to the e-mail address provided at the time of purchase.
We use third-party payment processors to collect and process payment for any Service purchased on the Website, such as but not limited to PaylPal. It is your sole responsibility to review the terms of any third-party that may be applicable to your purchase. By making a purchase on the Website you agree that if there is any conflict between the terms of a third-party and the Terms provided herein prevail. You are responsible for any and all fees, including but not limited to, any legal fees incurred by us in the process of recouping any fees due to us as a result of a chargeback.
Certain services may be available exclusively online through the Website and in limited quantities. We have made every effort to display as accurately as possible the colours and images of our products that appear on the online store. We cannot guarantee that your computer’s monitor will display any colors accurately. We do not warrant that the quality of a Service will meet your expectations.
- GENERAL PROVISIONS
We are not responsible if any information available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Website is at your own risk. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
- INTELLECTUAL PROPERTY AND TRADEMARK
All content created, developed, elaborated, or generated on the Website (i.e, texts, illustrations, images, codes, trademarks, and URLs) belong to us and are protected by copyright for the entire world. Consequently, you are strictly prohibited from copying, reproducing, modifying, reformulating, republishing, and, more generally, using the Website’s components to us, either partially or totally, without our prior written approval. No license or right of use is granted to you or can be inferred from browsing on the Website and/or purchasing from the Website. The user is prohibited from modifying, copying, distributing, publishing, transmitting, broadcasting, reproducing, compiling, arranging or saving our content or from transferring such content to anyone in any manner whatsoever, including by reproducing and transmitting an extract of the content, whether or not accompanied by a hyperlink, without our prior written approval. You are also prohibited from selling or profiting in any way whatsoever from the content, information, software, products or services obtained from the Website or from creating compilations and derivative works of the elements mentioned above.
- SERVICE WARRANTIES
We will make reasonable efforts to ensure that the Website remains operational. However, technical difficulties or maintenance operations may sometimes result in temporary interruptions. We reserve the right to modify or interrupt, at any time and from time to time, temporarily or permanently, certain functions and functionalities of the Website with or without prior notice.
- PROHIBITED USE
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or Service or any related website for violating any of the prohibited uses.
- LIMITATION OF LIABILITY
In no event shall Catherine Paquette, her our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, be liable for any damages, including compensatory damages, direct or indirect, or any other damages of any nature whatsoever that may have been caused to you or to any other legal or natural person, arising out of advice, opinions, recommendations, services, views or information obtained from the Website, of any technical or technological equipment on the Website or by any human or technical error that may occur at any stage, problems or technical malfunctions of the electronic, online computer systems, servers, computer equipment, software, data transmission or any other technical problems or congestion on the Website. We do not guarantee any use of the Website. We shall not be held liable for any fraudulent or malicious use of the Website and/or services offered on the Website.
You agree to indemnify, defend and hold harmless Catherine Paquette and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- THIRD-PARTY LINKS
Certain content, products, and services available via our Website may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- PERSONNAL INFORMATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
- GOVERNING LAW AND MODIFICATIONS
This agreement is governed by the laws applicable in the Province of Quebec. You hereby acknowledge that any dispute arising from or related to the use of the Website shall be submitted to the jurisdiction of the courts of the District of Montreal, Province of Quebec. For the purpose of this paragraph, the use the term “use” means to browse or buy anything from the Website.
We reserve the right to update, change or replace any part of the Terms at all times. In such cases, these changes will come into force upon publication. Consequently, you must check these Terms regularly and agree to immediately stop all use of the Website if you disagree with them, being obliged to accept these Terms without reservation. If you do not agree to these Terms, you must refrain from browsing and\or purchasing from the Website. The use of the Website implies your acceptance of all of the Terms and any subsequent modifications that we may, from time to time, make to them.
- FINAL PROVISIONS
These Terms contain the entire agreement between the parties relating to the subject matter hereof and, as such, cancels and supersedes all prior agreements on the subject matter hereof, whether oral or written.
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, soient rédigés en anglais.
Last Updated: 10/2020