Terms and conditions
TERMS OF USE OF THE PLATFORMS
Updated on September 28, 2023
The Website ogalo.ca, the mobile app and the platforms, (hereinafter the “Platforms”) is owned by Last Link Dynamics Inc. (« LLD ») and aims to provide information about LLD, its business, services and products, as well as to interact with its customers. These Platforms include text, images, audio and video excerpts, software, graphics, interfaces, or the code and choice of content and its layout and other elements (collectively, the “Content”) provided by LLD or used under license by it, the whole for information purposes only.
The present Terms govern your use of all features of the Platforms, as provided by LLD. Please take the time to read these Terms of use carefully as they contain terms and conditions relating to your use of the Content, the Platforms or your browsing on it.
BY ACCESSING THE PLATFORMS OR DOWNLOADING THE CONTENT, YOU AGREE TO BE BOUND WITHOUT LIMITATION OR RESTRICTION, AND ARE DEEMED TO HAVE ACCEPTED THE CONDITIONS OF USE RELATING THERETO (THE “TERMS”). IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF USE, WE ASK YOU TO QUIT ANY NAVIGATION ON THE PLATFORMS AND IMMEDIATELY LEAVE IT. FURTHERMORE, IN THE EVENT THAT YOU DO NOT COMPLY WITH THESE TERMS, LLD RESERVES THE RIGHT TO RESTRICT YOUR ACCESS TO THE PLATFORMS, THE WHOLE WITHOUT PRIOR NOTICE AND WITHOUT PREJUDICE TO ANY OTHER RIGHTS THAT LLD MAY CLAIM OR EXERCISE.
1. USE OF THE WEBSITE
The purpose of the Platforms is to facilitate the dissemination of general information about the products and services offered by LLD in the normal course of its business and to initiate contact between LLD and its customers. In this regard, you may view it, subject to what is described below, download and print certain portions of it.
The information found on the Platforms and the Content is for informational purposes only and is provided to you as is and as it is available. LLD makes no representation or warranty as to the accuracy or completeness of the information on the Platforms or the Content thereof.
As part of your use of the Platforms and the Content, you agree to the following:
- Not to use the Platforms or the Content, or to permit or facilitate its use by any person, in a manner that would constitute or encourage to perpetrate a criminal or civil offense or an infringement of intellectual property rights, or in a manner that would contravene a law or regulation or disrupt LLD’s activities;
- Not to use the Platforms or the Content, or not to allow or facilitate its use by any person in order to publish any Content which, in the opinion of a reasonable person, constitutes an invasion of the privacy of a person, an attack on the physical or moral integrity of a person or constitutes defamatory, abusive, racist, violent, hateful or intimidating content and not to publish on the Platforms any Content profaning ethnic insults or homophobic or offensive to any religion or spiritual belief as well as any attack on a particular person or group of persons;
- Not to use the Platforms or the Content, or to permit or facilitate its use by any person without reading and accepting the terms of any separate license agreement or conditions provided by LLD, including other provisions of these Terms;
- Not to have any employee, supplier, agent or LLD’s representative make any statement or gesture constituting harassment or abuse, verbal, written or otherwise
- Not to create or participate in the creation of a website reproducing, in whole or in part, the Platforms, the Content or any trademark of LLD;
- Not to use the Platforms or the Content, or not to allow or facilitate its use by any person in order to transmit any communication that, in the opinion of a reasonable person, constitutes advertising, a commercial offer, spam or any form of solicitation
- Not to use the Platforms or the Content, or not to allow or facilitate its use by any person to post Content that a reasonable person might consider to be rude, obscene, indecent, vulgar, or of a sexually suggestive nature or conflicting with the norms of good morals;
Finally, you acknowledge that you are solely responsible for ensuring that your systems are able to use the Platforms. IT IS RECOMMENDED THAT YOU USE AND UPDATE ANTIVIRUS, ANTI-SOFTWARE SPIES AND FIREWALLS ON YOUR SYSTEMS THAT GIVE ACCESS TO THE PLATFORMS.
2. RATES AND TERMS OF SALE
LLD’s services are charged in accordance with applicable rates and are advertised on the Platforms in accordance with the services you request.
All rates advertised on the website are in Canadian dollars, before taxes. As the case may be, the purchase amount is payable in full in one single payment when you request the services or in monthly installments, where LLD sends an invoice for the services provided during the previous month, in which case fees will be payable within the delay indicated on the invoice. Delivery rates will be automatically calculated for Canada, for any shipment outside of Canada, please note that custom fees, taxes or any other amount payable for international delivery remain at your expense.
Rates and availability of services remain subject to change without notice. Moreover, when you request LLD’s services you acknowledge that LLD assumes no responsibility for any loss or damage caused during the delivery, the customer being solely responsible. To that effect, the customer is solely responsible to take out the appropriate insurance regarding the items’ delivery.
3. SURVEILLANCE
In order to offer you quality content on the Platforms, LLD reserves the right to monitor any Content posted on it by you, as the case may be, to ensure compliance with these Terms. You hereby consent to such surveillance and monitoring.
Notwithstanding the foregoing, LLD makes no representations that the Platforms will be monitored for compliance with these Terms or that it will make any representations in the event of any disagreement with respect to these Terms.
4. COOKIES
Cookies are small text files transferred by a web server to the hard disk of the user of the Platforms. LLD uses cookies on its Websites especially to keep track of the locations you looked for and allow you to return quickly to them the next time you visit the Platforms.
No other information is collected when using these features. However, these cookies do not collect any personal information about the person who uses them.
You can set your browser to accept cookies, to let you know before you accept them, or to refuse them. If you refuse cookies, please note that some features of the Platforms, such as recording of your preferences, may not be available.
5. TERMS AND CONDITIONS RELATING TO THE CONTENT
5.1 The Content of the Platforms is not a reflection of LLD’s opinion
The opinions, comments or positions contained in the Platforms represent only the opinions or positions of their authors and at no time should be interpreted as those of LLD or its third-party suppliers. You acknowledge that LLD or its third-party suppliers cannot be held liable and consequently have no liability in relation to any Content generated by a user of the Platforms, including, more particularly, any defamatory, hateful or otherwise offensive Content, notwithstanding the fact that the content violates these Terms.
5.2 Deletion of Content that does not comply with these Terms
LLD reserves the right to delete, in its sole discretion, any Content that it deems contrary to these Terms or spirit of these Terms, the whole, without notice.
6. BEHAVIOR OF USERS
6.1 Hacking and reverse engineering
You agree not to infringe or damage the Platforms. More particularly, you agree not to overload, disturb, commit hacking, modify the source code of the Platforms or reverse engineer the Platforms or any other related software. In addition, you agree not to interfere with the use of the Platforms by other users.
6.2 Access to the Platforms
You agree to only access the Platforms through the http protocol using an Internet browser. You agree not to attempt to gain access to LLD’s servers by any means, including the use of the Administrator account. You also agree not to expose or allow the use of any Content on the Platforms that is not publicly accessible.
6.3 Personal use only
The use and navigation on our Website is solely for your personal use. You are strictly prohibited from pretending to be a third party by using, creating an account or browsing our Website. You agree not to open more than one account on the Platforms.
6.4 Collection of information
You agree not to use any process, software or other automated or manual means or processes to access, collect information, browse, or otherwise scan the Platforms.
6.5 Use of the Platforms for an authorized purpose only
You agree not to use the Platforms for any other purpose, commercial or otherwise, not expressly permitted by these Terms.
7. INTELLECTUAL PROPERTY
7.1 License granted to LLD
By submitting Content on the Platforms, you grant us an unlimited, perpetual, transferable and nonexclusive license to the Content so posted on the Platforms. You allow us to post it on the Platforms. The Content may be reproduced, reused, reposted or modified in any manner or form without your prior consent.
7.2 License granted by LLD
Because of your browsing of the Platforms, we grant you a limited and nonexclusive license to the Content, allowing you to display it, print it, for your personal and non-commercial purposes, as well as to share it on different social networks, subject to your commitment not to modify the Content in any way. Any other use of the Content is prohibited, including use contrary to what is provided in Section 1 above. The Content may not be reproduced, reused, reposted in any manner or form except as permitted under these Terms without the prior written consent of LLD.
7.3 Trademarks
All Content on the Platforms belongs to LLD or belongs to the owner identified by LLD, and is protected by applicable laws, including copyright laws. You may not copy, reproduce, publish, repost, transmit or otherwise use any of them without our prior written consent, other than in accordance with these Terms.
In addition, all trademarks, whether registered or not, and all trade names contained on this Website belong to LLD or to the holder who has validly granted a license to use.
8. THIRD PARTY WEBSITES
8.1 Terms of use and privacy policy
You acknowledge that the Platforms may use third party websites, including Facebook, Twitter and Instagram. These websites are governed by their own terms of use, which do not replace or waive these Terms.
You will find the terms of use and privacy policies at the following addresses:
https://www.facebook.com/about/privacy/
https://twitter.com/privacy
https://help.instagram.com/519522125107875
You acknowledge that LLD is not aware of these policies and cannot provide any recommendations or opinions with respect to their content.
8.2 Links
Our Website may contain links to other websites owned by third parties. In this regard, you acknowledge that LLD has no control over these websites and you acknowledge that it has not read all of the content available on the websites, which are linked in the Content of the Platforms. Consequently, LLD disclaims all liability for any website content over which it has no control. By accessing a website through a link in the Content of the Platforms, you act at your own risk.
Finally, you acknowledge that the inclusion of such links does not imply that LLD is sponsoring trademarks, trade names, designs, logos, symbols or other copyrighted material posted on them, or that LLD is affiliated or associated or that LLD is legally entitled to use it.
9. INDEMNITY
To the extent permitted by law, in the event of any claim by a third party to LLD or its representatives or agents in connection, directly or indirectly, with the violation of these Terms by you, you agree to take facts and cause for LLD and to keep it free and unharmed from any loss in connection with such claims, including legal fees.
10. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
LLD TRIES TO PROVIDE THE PLATFORMS IN A SECURE FRAMEWORK AND IN AN ENVIRONMENT WITHOUT DEFAULT OR ERROR. HOWEVER, YOU AGREE THAT YOUR USE OF THE PLATFORMS AND YOUR ACTS OR OMISSIONS BASED ON THE INFORMATION PROVIDED ON THE PLATFORMS IS AT YOUR OWN RISK. LLD PROVIDES THE PLATFORMS “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF ERROR-FREE INFORMATION. THERE IS ALSO NO WARRANTY THAT THE PLATFORMS ARE ERROR-FREE OR THAT THE SAME WILL ALWAYS WORK WITHOUT INTERRUPTION, DELAY OR IMPERFECTION. TO THE EXTENT PERMITTED BY LAW, LLD ASSUMES NO RESPONSIBILITY TOWARDS YOU OR ANY OTHER PERSON FOR LOSS OR DAMAGE OF ANY KIND, INCLUDING SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER YOU MAY SUFFER, DIRECTLY OR INDIRECTLY, FROM THE USE OR FUNCTIONING OF THIS PLATFORM, OR FROM ANY INFORMATION THAT APPEARS ON IT, OR FROM YOUR ACTS OR OMISSIONS BASED ON ANY INFORMATION PROVIDED ON THE PLATFORM OR THE CONTENT OF THIS PLATFORM OR ANY OTHER PLATFORM TO WHICH YOU MAY ACCESS THROUGH THIS PLATFORM.
11. GENERAL PROVISIONS
11.1 Failure – Default
Failure or delay by LLD to exercise any right, remedy or lien under these Terms shall not constitute a waiver of such right, remedy or lien. Similarly, LLD is in no way barred from exercising at a later date any right, remedy or privilege that it has not previously exercised, in whole or in part.
11.2 Applicable law
These Terms, their interpretation, their performance, their application, their validity and their effects are subject to the laws in force in the Province of Quebec and to the laws in force in Canada applicable in the Province of Quebec governing in part or in their entirety all the provisions they contain. To the extent permitted by law, any claim, directly or indirectly, hereunder shall be submitted to the exclusive jurisdiction of the courts of Quebec, excluding the courts of any other jurisdiction.
11.3 Amendments
LLD reserves the right, in its sole discretion, to modify the Platforms, the Content and these Terms at any time without notice. When amendments are made to the Terms, LLD agrees to change the date of last update appearing above. By continuing to browse the Platforms, you agree to be bound by these Terms, including any amendments thereto. Otherwise, your only recourse is to stop using the Platforms.