Terms of use and privacy

WEBSITE TERMS OF USE

Your use of the website www.lecuyerbeton.ca (the “Site”) is subject to the following terms and conditions (the “Terms”) and all applicable laws. By accessing and browsing the Site, you accept the Terms without limitation or qualification. The Terms are a contract between you and Lécuyer et fils ltée (the “Site Owner”).

1.    Use of the Site

The Site is owned and operated by the Site Owner.

If you do not agree with any of the Terms, whether in whole or in part, or are not satisfied with the services of the Site Owner, your only recourse is to stop accessing the Site

In order to purchase the goods described on the Site, you must contact the Site Owner in person or by phone. Orders cannot be accepted through the Site. The sale of products is subject to additional terms of sale that are not available on the Site. The Site Owner reserves the right to change the specifications of any product and to discontinue or modify any product in its sole discretion and without notice.

2.    Accuracy of Information

The information on the Site is subject to change at any time without notice. The Site Owner does not represent or warrant that information on the Site is up to date, accurate, error-free or complete.

The technical documents available on the Site are provided for informative purposes only and should not be used in any other fashion. Before using any technical information in the context of a work, you must communicate with us to ensure that such information is current and up to date. The Site Owner does not offer any representation or warranty regarding the use of such information.

3.    Copyrights and Trade-marks

Material on the Site, including but not limited to texts, images, illustrations, software, HTML codes, audio clips, and video clips (collectively, the “Site Material”) is owned or otherwise provided by the Site Owner who does not represent or warrant that the Site Material does not infringe the rights of any other person or entity. The Site Material is protected in Canada and in other jurisdictions by the Copyright Act and by all applicable international treaties and local legislations. Other than the right to view the Site on your computer, you may print copies of parts of the Site for personal or non-commercial use, so long as you do not alter in any way the copyright or trade-mark notices. All other uses of the works or contents of the Site are strictly prohibited and are exclusively reserved by the Site Owner. Accordingly, the Site Material may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part and in any form whatsoever, including but not limited to text, audio, video or executable files, without the prior written consent of the Site Owner.

Trademarks, logos, and service marks (collectively, the “Marks”) displayed on the Site, including but not limited to “LÉCUYER”, are registered or unregistered Marks and the property of the Site Owner and/or its affiliates and may not be used without written permission from the Site Owner and/or its affiliated companies.

The Site Owner does not represent or warrant that the  Site Material does not infringe the rights of a third party.

Nothing in the Site is to be interpreted as conferring a right to use the Marks or Site Material protected by the Copyright Act or any other intellectual property legislation.

4.    Information Transmitted

You acknowledge that information or material that you provide electronically through your access to or usage of the Site is not confidential or proprietary, except as may be required under applicable laws, such as personal information, which is subject to the Site’s Privacy Policy available at Privacy Policy.

You further acknowledge that any unprotected communication via the Internet in general, and more specifically the Site, is subject to possible interception, alteration or loss.

5.    Username and Password

Some of the services and related features made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any password or other account identifier that you choose or are assigned to as a result of any registration or subscription on the Site, and (b) all activities that occur under such password or account. Furthermore, you agree to notify the Site Owner of any unauthorized use of your password or account.

The Site Owner reserves the right to cancel or suspend your account registration or subscription at its discretion without any notice or liability. The Site Owner shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind arising out of or in connection with your failure to comply with this provision.

6.    Monitoring

The Site Owner may monitor the access to the Site and other activities in relation thereto. The Site Owner may intervene to ensure the respect of the Terms, but makes no representation and gives no warranty as to said monitoring. By using and accessing the Site, you consent to said monitoring, should the Site Owner proceed therewith, and to any eventual intervention.

7.    Links

Links and references to other websites are provided to you as a convenience only. The Site Owner has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material, products or services posted or offered thereon. You may not create links from other websites to pages of the Site other than to the main page, except if expressly permitted to do so by the Site Owner. To obtain permission, contact the Site Administrator at Informations request.

8.    Cookies

You consent to the use of “cookies” (small text files transferred to your browser by a website) by the Site Owner. These cookies keep a record of your preferences, making your subsequent visits to the Site more efficient and allowing the Site Owner to provide improved service by personalizing content, banners, and promotions that you and other users will have access to. Most browsers are designed to accept cookies, but their settings can be easily modified so that cookies are refused (see your browser’s help files for details).

9.    Exclusion of Warranties

The Site Owner makes no representation or warranty regarding the functionality, good working order or condition of the Site, the information, applications, products, and services contained on the Site, its suitability for use, or its use in an uninterrupted or error-free manner. All material, applications, products, services, and information on the Site are provided to you “as is”, without warranties of any kind. The Site Owner and its affiliates disclaim all warranties and conditions, written or oral, statutory, express or implied, including without limitation, warranties and conditions of merchantability or fitness for a particular purpose or non-infringement of intellectual property rights.

All products purchased on or through the Site are subject only to any applicable warranties of their respective manufacturers, distributors, and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including any implied warranties with respect to the products listed or purchased on or through the Site. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, misappropriation or infringement of intellectual property rights.

These exclusions are in addition to any specific exclusions otherwise provided in the Terms. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, such non permitted exclusions may not apply to you.

10.    Limitation of Liability

The Site Owner and its affiliates, as well as their respective directors, officers, and employees, will not be liable, whether towards you or a third party, for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, including without limitation, for breach of contract, strict liability, contractual or extra-contractual liability, tort, including negligence, or any other legal or equitable liability theory, arising out of or in connection with the Site, its content, or the use thereof or access thereto. For greater certainty, but without limitation whatsoever and notwithstanding anything to the contrary, the Site Owner and its affiliates, as well as their respective directors, officers, and employees, will not be liable, whether towards you or a third party, for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, arising out of or in connection with the following:

1. Telecommunications systems breakdowns, underperformance, delays, interruptions in service, electrical failures and blackouts, including such failures and problems having a negative impact on the communication, transmission, accuracy or prompt reception of information, material, messages or instructions between you and the Site Owner or preventing, in whole or in part, the transmission of such information, material, messages or instructions;
2. Your inability, at any time, to access any part of the Site or its content, or the products and services offered on the Site;
3. The interception, loss or disclosure of confidential or sensitive information communicated via the Internet in general, and more specifically the Site, including personal information;
4. The lack of reliability or availability of, or prompt access to the Site or any part of its content and the products and services offered on the Site;
5. The failure of the Site Owner to take corrective measures.

The exclusions and limitations mentioned above shall apply even if the Site Owner is advised of the possibility of such claims, losses, costs or damages.

To the extent that the jurisdiction to which you are subject does not allow any part of such exclusions or limitations of liability, such part does not apply.

11.    Indemnification

You agree and undertake to take up the interest, indemnify and hold harmless the Site Owner and its affiliates, including their respective directors, officers and employees, from all liability, claims, suits originating from third parties, and damages (including reasonable fees owed to lawyers and experts) arising out of or in connection with your failure to respect the Terms or from any other act or omission on your part through your use of the Internet, your access to any website, including the Site, or access to any website by anyone using your computer system with your permission and on your behalf.

12.    Responsibility for Your Computer System

You remain entirely responsible for all damage caused to your computer system by (i) the connection, configuration and compatibility of the different components of your computer system, (ii) the use of the Site Material whatsoever, (iii) access to any website (iv) the download of any data, software or viruses.

The Site Owner and its affiliates, as well as their respective directors, officers, and employees, assume no liability whatsoever for the illegal access to your computer system by hackers nor for the quality, reliability, compatibility or speed of services provided by any Internet service provider.

13.    Governing Law

The Site is controlled and operated by the Site Owner from the City of St-Rémi, Quebec, Canada and the Terms shall be governed by the laws applicable in the Province of Quebec, without reference to principles of conflict of laws. Any dispute arising from, connected with or relating to the Site, the Terms or any related matters must be resolved before the Courts of the Province of Quebec sitting in the City of Montreal, Quebec, Canada, and you hereby irrevocably submit to the sole and exclusive jurisdiction of those Courts in respect of any such dispute or matter. The Site is controlled and operated by the Site Owner from the City of St-Rémi, Quebec, Canada and the Terms shall be governed by the laws applicable in the Province of Quebec, without reference to principles of conflict of laws. Any dispute arising from, connected with or relating to the Site, the Terms or any related matters must be resolved before the Courts of the Province of Quebec sitting in the City of Montreal, Quebec, Canada, and you hereby irrevocably submit to the sole and exclusive jurisdiction of those Courts in respect of any such dispute or matter.

14.    Final Provisions

1. If any provision of the Terms should be declared illegal, invalid or unenforceable by any Court of competent jurisdiction, such illegality, invalidity or unenforceability shall not affect or render illegal, invalid or unenforceable such provision in any other jurisdiction, nor shall it affect the legality, validity or enforceability of any other provision of the Terms in any jurisdiction.
2. The Site Owner may modify, alter or otherwise update the Terms from time to time without notice and you agree to be bound by the Terms as they are in effect at the time you access the Site.
3. The Terms constitute the entire agreement between the Site Owner and you pertaining to your use of the Site, its services and content and supersedes any prior or concurrent agreements, communications and proposals, whether electronic, oral or written, between you and the Site Owner with respect to the subject matter hereof.

PRIVACY POLICY

This privacy policy (the “Privacy Policy”) applies to the collection of personal information by Lécuyer et Fils ltée (the “Site Owner”) through the web site located at www.lecuyerbeton.ca (the “Site”).

We recognize the importance of protecting your privacy. For this reason, we have taken appropriate steps to ensure that any personal information obtained from you, as a user of the Site, is protected, within the limits of our ability. You are asked to read the Privacy Policy carefully.

Personal Information.

Personal information is information that refers to or permits an individual to be identified. Personal information includes information that can be linked to you, such as your name, address, phone number, or e-mail address.

Collection of Information.

Information may be collected in two ways when you use the Site. First, when you access the Site, non-personal information may automatically be exchanged between your computer and our server. In particular, the following information may be collected at that time: your Internet service provider’s domain name, the type of browser and the operating system you use to access the Site, the date and time of access, and the pages you visit. We do not obtain your e mail address automatically when you access the Site. However, additional information may be collected when you request services offered on the Site. For example, when you contact us by e-mail or register in a portion of the Site with the creation of a user name and password, you may be asked to provide us with your name, telephone number, street or e-mail address.

Use of Personal Information.

If you choose to provide us with personal information, we may use it, among other things, to respond to your enquiries, send you publications and news in areas of potential interest to you, improve communications with you, or, more generally, improve the content on the Site or conduct surveys.

Disclosure of Personal Information.

Your personal information will not be disclosed, without your consent, to any outside organization for its use in marketing to or solicitation of third parties other than in the case of a transfer of ownership of the Site. Under no circumstances, aside from a transfer of ownership of the Site, will we sell your personal information to third parties.