Terms of use
By accessing the website www.momentum-tech.ca developed and offered by Momentum Technologies Inc. (hereinafter “Momentum”, “our”, “we” or “us”), you (hereinafter “you”, “your” or “Users”) agree to all of the terms and conditions of use of the Website (hereinafter the “Terms of Use”). For the purposes hereof, Momentum and the Users are collectively referred to as the “Parties” or individually as a “Party”.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU UNDERSTAND THAT YOUR USE OF THE WEBSITE IS PROHIBITED AND, IN THE EVENT THAT YOU HAVE ACCESS TO THE WEBSITE, YOU MUST IMMEDIATELY CEASE USE OF IT.
1. THE WEBSITE
1.1 The Website is dedicated to providing general information about Momentum, including its products and services, activities, partners, technologies, news, achievements, expertise, history, mission, involvement, team and job opportunities. In addition, the Website is intended to provide general information relating to Momentum’s field of activity, more specifically information technology consulting services, including in particular information systems design and development, business intelligence and artificial intelligence.
1.2 By using the Website, you acknowledge that the information available on the Website and any Content (as that term is defined herein) available, although it may have been written or verified by a Momentum resource holding certain professional qualifications, does not create a professional relationship between any particular Momentum professional or Momentum and any client and does not constitute professional advice or opinion on any particular matter. Any information available on the Website is for informational purposes only and is intended to provide you with access to general information about Momentum’s activities.
1.3 The Website may contain hyperlinks to third party websites (“Third Party Websites”) and such Third Party Websites may be subject to different terms of use and different practices regarding the use of your personal information. Accordingly, Momentum is not responsible for the continued availability or accuracy of such Third Party Websites or for the content, products and services available on such Third Party Websites. In any event, Momentum reserves the right to add or remove hyperlinks to Third Party Websites at any time without notice.
1.4 Due to the nature of the Internet, Momentum cannot guarantee the continuous, uninterrupted availability and accessibility of the Website. Momentum may, without notice, temporarily suspend the availability of the Website or parts or modules thereof if Momentum determines, in its sole discretion, that changes are necessary to the Website, to protect the security or integrity of its servers, to maintain or improve the Website, or for any other reason. You acknowledge and agree that Momentum may improve, enhance or modify the Website from time to time and without notice to you hereunder.
2. WEBSITE ELIGIBILITY
2.1 In order to access and use the Website, you must be a natural person of at least fourteen (14) years of age.
3. INTELLECTUAL PROPERTY RIGHTS
i use the Website; and
ii access and view any content made available to you on or through the Website, including the Content, for your personal, non-commercial use.
3.1 Momentum allows Users to access any content that Momentum may make available on or through the Website including content owned by Momentum and any content licensed or authorized for use by or through Momentum by a third party (the “Content”).
3.2 The Website and the Content may, in whole or in part, be protected by copyrights, trademarks and/or other applicable laws of Canada and other countries. You acknowledge and agree that the Website and the Content, including all intellectual property rights therein, are and shall remain the exclusive property of Momentum and/or its licensors or third parties permitting such use. You will not remove, alter or otherwise interfere with any copyrights, trademarks or other intellectual property rights incorporated in or accompanying the Website or the Content. All trademarks, brands, logos, trade names and other intellectual property of Momentum, if any, used on or related to the Website and the Content are trademarks or registered trademarks of Momentum in Canada and may not be used without the prior written consent of Momentum. You acknowledge and agree that all trademarks, service marks, logos, trade names and other intellectual property rights of third parties used on or in connection with the Website and/or the Content are used for identification purposes only and may be the property of their respective owners.
3.3 You will not use, copy, adapt, modify, prepare, distribute, license, sell, transfer, publicly display, transmit or otherwise exploit the Website and/or the Content. No license or right is granted to you by implication or otherwise under any intellectual property right owned or controlled by Momentum or its licensors, except for the licenses and rights granted in these Terms of Use. Subject to your compliance with these Terms of Use, Momentum grants you a limited, non-exclusive, non-assignable, revocable, non-transferable license to :
3.4 Momentum respects all copyright laws and expects its Users to comply with them as well. If you believe that any content on the Website infringes the intellectual property rights of a third party, please notify us by e-mail at confidentialite@momentum-tech.ca.
4. WEBSITE CONTENT
4.1 We are not responsible if the Content available on the Website is inaccurate, incomplete or out of date. The Content on the Web Site is provided for informational purposes only and should not be relied upon as your sole source of information for making decisions, including any decisions related to business or investment opportunities, without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on any Content presented on the Website, you do so at your own risk.
5. SPECIAL CONDITIONS GOVERNING CERTAIN WEBSITE MODULES
5.1 Each User must provide accurate, up-to-date and complete information at all times when using the Website.
5.2 Momentum reserves the right to accept, refuse, cancel or not process any message left for its attention by a User or any unsolicited application or application for a specific position transmitted through the Website (hereinafter a “Contact”), in particular if any information provided is inaccurate or not up to date.
5.3 Each User acknowledges that the mere fact of using the Website does not in itself create any promise or commit Momentum in any way to provide products and/or services.
5.4 When you provide the information required to use the Website, in particular when making contact, you agree to do so voluntarily, without payment of any consideration and without any obligation.
6. PROHIBITED ACTIVITIES AND CONDUCT
6.1 As a User of the Website, you acknowledge that you are solely responsible for complying with all laws, rules, regulations and obligations that may apply to you in connection with your use of the Website.
6.2 In connection with your use of the Website, you agree not to:
a) violate or circumvent any applicable law or regulation, any agreement relating to the rights of employers, partners, third parties or the Terms of Use or any policies or standards adopted by Momentum;
b) use the Website or the Content for any commercial or other purpose not expressly permitted by these Terms of Use or in any manner that falsely implies or otherwise misleads third parties as to your affiliation or business relationship with Momentum;
c) copy, store or otherwise access or use any information contained on the Website in any manner that violates Momentum’s privacy policy accessible via the following hyperlink: privacy policy (hereinafter the “Privacy Policy”) or these Terms of Use or that otherwise violates those of third parties;
d) use, display the Website or the Content or any individual item found within the Website, the trade names used by Momentum, any Momentum trademark, logo or other intellectual property right or the design of any page contained on the Website, without the express prior written consent of Momentum;
e) dilute, impair or otherwise violate any trademark owned by Momentum in any way including through the unauthorized use of Content by registering and/or using trade names used by Momentum or derivative terms in domain names, trade names, trademarks or otherwise or by registering and/or using domain names, trademarks or other identifiers that closely mimic or are confusingly similar to Momentum’s domain names or trademarks;
f) use any malware to access and/or collect any data found on the Website;
g) attempt to decipher, compile or reverse engineer or take any similar action with respect to any software used to provide the Website;
h) take any action that may damage or affect the performance or proper functioning of the Website; or
i) violate or infringe the rights of any person or otherwise cause damage to any person.
6.3 You acknowledge that Momentum has no obligation to monitor any User’s access to or use of the Website or review or edit any Content or block access to anyone, but has the right to do so in order to (i) operate, secure and improve the Website; (ii) ensure compliance and enforcement of the Terms of Use by Users; (iii) comply with any applicable law, court order or requirement of any court or other governmental authority; or (iv) otherwise as more fully set forth in these Terms of Use. Users agree to cooperate and assist Momentum in good faith and to provide Momentum with any information and take any action that may be reasonably required by Momentum to comply with any investigation undertaken by Momentum or a representative of Momentum regarding the use or misuse of the Website.
7. WARRANTY EXCLUSIONS
7.1 Momentum makes no representations or warranties regarding the functionality of the Website, its suitability for use, or that its use will be uninterrupted or error-free. Momentum makes no representations or warranties as to the accuracy, truthfulness or representativeness, if any, of the Content, any other content that Momentum may make available on or through the Website or any response provided by Momentum following a Contact.
7.2 Momentum makes no warranties or representations regarding the qualifications or representations of any professionals who may have contributed to the Content, or the quality or accuracy of any information provided.
7. 3 Without limiting the generality of the foregoing, in consideration of the fact that the Website contains hyperlinks to Third Party Websites and that Momentum has no control over the content of such Third Party Websites, Momentum makes no warranty and shall not be liable for the validity of the content, products and services offered, if any, on Third Party Websites, any problems with the compatibility of the Third Party Websites with your computer equipment and systems, contamination by computer viruses attributable to the use of the Third Party Websites or deficient data protection, if any, on the Third Party Websites, the collection of your personal information and its use and communication on the Third Party Websites.
7.4 THE WEBSITE COMPONENTS AND CONTENT ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. MOMENTUM EXCLUDES ALL WARRANTIES OR CONDITIONS, WHETHER WRITTEN OR ORAL, STATUTORY OR CONTRACTUAL, INCLUDING WARRANTIES OF QUALITY, DURABILITY, FITNESS OR FITNESS FOR A PARTICULAR PURPOSE.
7.5 Momentum shall not be liable for any damages arising from your use of the Website and the Content offered on the Website. Momentum makes no representations or warranties and expressly excludes by these Terms of Use any liability for any treatment or action following the information offered, or submitted directly or indirectly, if at all, through the Website. Use of the Web Site is at your sole risk.
8. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND CONTENT OR USE OF ANY OTHER SERVICES OR INTERACTIONS YOU MAY HAVE, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER MOMENTUM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE OR CONTENT SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, REPLACEMENT COSTS OR FOR ANY DAMAGES OR INCONVENIENCE OR INJURY ARISING IN CONNECTION WITH I) THESE TERMS OF USE; II) THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT; OR III) ANY COMMUNICATION OR INTERACTION, IF ANY, WITH ANY PERSON WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT MOMENTUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
9. INDEMNIFICATION
9.1 To the maximum extent permitted by any applicable law, you agree to release, defend (at Momentum’s option), indemnify and hold Momentum, including, but not limited to, its officers, directors, employees and agents, harmless from and against any and all claims, liabilities, damages, losses and expenses including, without limitation, all legal and accounting fees, resulting from or in any way related to:
i) your violation of these Terms of Use or any other Momentum policy or standard;
ii) your improper use of the Website; and
iii) your violation of any law, regulation or third party right.
10. PERSONAL INFORMATION
10.1 Momentum may collect personal information and data that you provide when you visit the Website. The collection, use, disclosure, retention, access, correction and deletion of personal information and data are subject to the terms and conditions of Momentum’s Privacy Policy accessible via the following hyperlink: Privacy Policy
10.2 Momentum may provide hyperlinks to Third Party Websites on the Website. These Third Party Websites may contain terms and conditions and privacy policies that are different from those of Momentum. Momentum is not responsible for personal information and data that is collected, used or disclosed by any Third Party Website and Momentum expressly disclaims any and all liability related to such collection, use, disclosure, retention, access, correction and deletion.
11. CHANGES TO TERMS OF USE
11.1 We reserve the right to modify these Terms of Use at any time and without notice. You may check for changes and updates by referring to the “Last Updated” date at the top of this document. In all cases, your continued use of the Web Site following any change to the Terms of Use constitutes your acceptance of such change.
12. GENERAL
12.1 These Terms of Use shall be governed by the applicable laws and regulations of the Province of Quebec, Canada.
12.2 If any provision of these Terms of Use is or becomes invalid or unenforceable, the Parties will continue to be bound by the remaining provisions of these Terms of Use. In such event, the Parties will replace the invalid or unenforceable provision with provisions that are invalid or unenforceable and that have, to the greatest extent possible, similar effect to the provisions that have been invalidated or held unenforceable, considering the content and purposes of these Terms of Use.
12.3 You agree that these Terms of Use and all agreements incorporated herein may be automatically assigned by Momentum in its sole and absolute discretion without notice to you, subject to applicable law.
12.4 The headings in these Terms of Use are for reference purposes only and may not be used in any way to interpret any such section. The words “included”, “including” shall be deemed to be followed by the words “without limitation”.
12.5 The failure of a Party to act with respect to a breach by another Party shall not constitute a waiver of that Party’s rights to act with respect to subsequent or similar breaches.
12.6 These Terms of Use govern your use of the Web Site and supersede any agreement and/or understanding, if any, between the Parties, whether oral or written.
12.7 Any notice to be given under the Terms of Use or any question in connection with the Website must be sent to Momentum by e-mail at the following address: confidentialite@momentum-tech.ca.
