WEB SITE TERMS AND CONDITIONS OF USE
THIS VERSION IN EFFECT SINCE _____________________
YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all the persons you represent (in this agreement, “Person” refers to any natural person or moral person) and 11061259 Canada Inc., doing business under the name Angela & I, ANGELA AND I, ANGELA ET MOI (“Angela & i”). It also governs your use of Angela & i products and services, and of the web site http://www.angelani.ca/ (collectively, “Angela & i services” and individually, a “Angela & i service”), as well as any other products and services provided by Angela & i or through Angela & i services.
This Agreement also provides benefits to members of Angela & i group, service providers, suppliers and sub-contractors (collectively “Members of the group and suppliers”). Each time you use Angela & i services you signify your acceptance and agreement and that all the persons you represent are being bound by this Agreement, and you represent and warrant that you have the legal authority to agree personally and on behalf of the persons you represent to accept this Agreement. If you do not agree with each provision of this Agreement, please do not use the Angela & i services.
CHANGES TO THIS AGREEMENT
Angela & i may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Angela & i services from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.
Only persons who have reached the age of majority in their jurisdiction and who can form legally binding contracts under applicable law may order or use Angela & i services. You may only use Angela & i services in the manner described expressly in this Agreement. Subject to restrictions stated in the Agreement, currently only Canadian and United States residents can order products through Angela & i services.
Angela & i is committed to making the pictures part of Angela & i services a pleasant tool for digital photography sharing and you consent to the use of images, pictures, names and other reproductions of you and your friends.
You agree not to use Angela & i services in a way that may be, and not to transmit material that may be unlawful, indecent, offensive, defamatory, denigrating, fraudulent, false, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy, intellectual or other proprietary rights of others, or otherwise objectionable including material that illustrates, encourages, defenses, or tends to encourage such conduct or use that could weaken or undermine the value of the name and reputation of Angela & i and Members of the group and suppliers. Angela & i products and services are not exclusively provided for you personal use and shall not be published, copied or resold and any letters, e-mails, news, recipes, information obtained through Angela & i services shall not be retransmitted or published in any way, including by e-mail, by blog, forum or otherwise.
Angela & i services shall not be used with any device, software, executable or application program, including robots or “bots” that may directly or indirectly, bypass the proper functioning of Angela & i services or harm or attempt to damage their proper functions, nor impose an unreasonable charge or disproportionate volume to the servers of Angela & i services or to their infrastructures, nor disturb the use or the enjoyment of Angela & i services by other persons.
Angela & i is not obliged to monitor or edit the use of Angela & i services, although it reserves the right to do so in its sole discretion. Angela & i will respond, as it considers appropriate, if it becomes aware of any inappropriate use of Angela & i services and shall have the right to terminate, without prior notice, any rights you enjoy including the right to be a member. Please communicate any violation of this Agreement or inappropriate use of Angela & i services to email@example.com.
Users who violate this Agreement or use Angela & i services in an inappropriate manner may incur criminal or civil liability, and Angela & i may report perceived violations of applicable law to police enforcement authorities. Angela & i will co-operate fully with law enforcement authorities in the investigation of suspected unlawful conduct.
WARRANTIES, LICENSE AND CONSENT
Angela & i does not claim copyright or ownership in the material submitted to Angela & i services or through them. Those rights always remain with the original owner and are not affected by this Agreement in any way. In order to allow it to operate Angela & i services, however, Angela & i requires that you grant to Angela & i and Members of the group and suppliers a non-exclusive, royalty-free license to access, use, copy, display, and publish (in the context of the exploitation of Angela & i services) all works and material in connection with the operation of the Angela & i services. In addition, you represent and warrant to Angela & i and Members of the group and suppliers that their use of the materials as well as its use by a third party to whom you give access to your account does not and will not infringe the rights (including copyright, moral rights, and other intellectual property rights and privacy and personality rights) of any other person.
PASSWORDS FOR ACCOUNTS
Certain Angela & i services, for instance certain parts of Angela & i web site are only accessible with a username and a unique password. In addition, a password can protect the material transmitted to or displayed on Restaurant Robert services and in this way restrict the access to this material. However, the use of an account password does not prevent Angela & i from having access to the material.
For security reasons, your username and password must remain confidential and you must not disclose it to anyone neither allow anyone to use it. It is important that you chose a password that is non obvious, difficult to guess and confidential, that you change it frequently and that you close or log out of each session.
You are solely liable for the use and misuse of your user name and password and of all activities performed under your user name and password that you communicate to third parties in order to give them access to material that you transmitted to or displayed on Angela & i services. You must communicate without delay with Angela & i, to the address: firstname.lastname@example.org to inform them of any non-authorised use of your user name or password that you gave to a third party and to advise them that you know or have suspicions that your password was lost or stolen or that a third party may have misappropriated same.
All user names and passwords remain Angela & i’s property which can cancel or suspend their use at all times without prior notice to you or another person and without engaging its liability towards you or another person. Angela & i is not obliged to verify the identity or authority of a person using a user name or password.
THE SECURITY AND CONFIDENTIALITY CONFERED BY USER NAMES AND PASSWORDS ARE NOT PERFECT AND CANNOT BE BYPASSED. YOU USE THE USER NAMES AND PASSWORDS AT YOUR OWN RISK.
MISPRINTS, ERRORS, AND PRICES
Although Angela & i strives to provide reliable and current information through Angela & i services, misprints or other errors may occur. Accordingly, Angela & i reserves the right to change the prices, fees and charges associated with Angela & i services at any time and from time to time without any notice or any liability to you or any other person. If you order a product for which the price was incorrectly displayed in association with Angela & i services, or which is unavailable, Angela & i will provide you with an opportunity to cancel your order.
All prices and other amounts related to Angela & i services are quoted in Canadian dollars. The total price of your order, which will appear on the completed order form, will include the price of the ordered products plus all applicable taxes and delivery charges. Taxes will be calculated based on the ship-to location, and the sales tax rate in effect at the time of shipping. Delivery charges will be calculated according to the then current delivery charge schedule.
ORDERING AND PAYMENT
Angela & i services contain an invitation to request an order, which are not offers to sell. Your duly completed and delivered purchase order constitutes your offer to purchase the products or services referenced in your order. Angela & i will indicate its acceptance of your order by displaying a confirmation page, which you should download and keep for your reference, and by sending a confirmation email to the address specified on your order form. If your order is not accepted, Angela & i will only reimburse the purchase price paid in advance by you and will not be liable for any other resulting amounts, losses or damages.
Prices displayed on the Web Site are quoted in Canadian dollars, excluding any tax, or shipping and handling costs to the destination, fees for the process of your order and gift-wrapping costs. We can accept your orders to the extent of supplies available. We inform you of the availability of items sold on the Web Site on the information page of each item. In the case of a payment by bank cheque, your order will only be processed upon acceptance by the drawer of such cheque and the delays applicable from the date of receipt of the cheque.
Any order through the Web Site and delivered outside Canada may be subject to other potential taxes and to duties imposed when the parcel reaches its destination. Those duties and potential taxes related to the delivery of an item are your responsibility. We are not obliged to verify and to inform you of applicable duties and taxes. To know them, we advise you to obtain information from the competent authorities of your country.
You may pay for your purchase with debit or payment cards or by cheque, if you have an account authorized with Angela & i. The cards issued by banks domiciled outside Canada must be international bankcards. In the case of payment with a debit or payment card, the amount of your order is only debited at the time of expedition of your order. You may pay your purchase with the following credit cards: VISA, MasterCard, and American Express. The purchase payment will be charged to your credit card immediately upon receipt of the order and if the order is not confirmed, only the price paid will be reimbursed.
The payment by bank cheque is only possible for cheques in Canadian dollars drawn on a bank domiciled in Canada or in United States. In the case of payment by cheque, the collection of the cheque is realised only upon its acceptance by the drawer of the cheque. The cheque is to be made to the order of Angela & i.
Because Angela & i strives to fill your order as quickly as possible after it has been accepted, you may not cancel an order after Angela & i has sent an order confirmation email to your email address. Angela & i will also strive to inform you about your order status and may send you related information if available. If you wish to cancel an order that has not yet been accepted, you may request a cancellation by sending an email to: email@example.com or calling +1-514-374-9844. However, Angela & i may not receive and process your cancellation request prior to it having accepted and processed your order, in which case your cancellation request will not be effective.
COLLECTION AND DELIVERY
Angela & i ships the products that you ordered to the delivery address appearing on your purchase order. Or, you can take possession of certain products ordered through Angela & i services at certain locations designated by Angela & i. Delivery fees are extra and will be the fees as indicated on the invoice. There will be an electronic invoice only.
The delivery address must only be situated in Canada or in United States and cannot consist of a postal box or a rural route. In this case, you should provide a physical address.
ANGELA & I IS NOT LIABLE IN ANY WAY FOR LOSSES OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON ARISING FROM A DELAY OR A DEFAULT OF EXECUTION CAUSED BY CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL OR A DELAY IN THE DELIVERY OF PRODUCTS OR SERVICES THAT YOU ORDERED THROUGH ANGELA & I SERVICES.
DISCLAIMER, LIABILITY EXCLUSION, AND LIABILITY LIMITATION
YOU ARE USING ANGELA & I SERVICES AT YOUR OWN RISKS. YOU SHOULD KEEP A BACK-UP COPY OF ALL THE MATERIAL THAT YOU USE OR PERMIT OTHERS TO USE WITH ANGELA & I SERVICES, INCLUDING THE MATERIAL TRANSMITTED TO OR DISPLAYED BY ANGELA & I SERVICES
THE ANGELA & I SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY MEMBERS OF THE GROUP AND SUPPLIERS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANGELA & I AND MEMBERS OF THE GROUP AND SUPPLIERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) ANGELA & I SERVICES WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) ROBERTO RESTAURANT SERVICES WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE USE OF ANGELA & I SERVICES WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (D) THE USE OF ANGELA & I PRODUCTS AND SERVICES WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; (E) THE PASSWORD PROTECTING THE MATERIAL THAT YOU USE OR ALLOW OTHERS TO USE RELATED TO ANGELA & I SERVICES WILL PREVENT ANY NON USER TO HAVE ACCESS AND ANGELA & I AND MEMBERS OF THE GROUP AND SUPPLIERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
ANGELA & I AND MEMBERS OF THE GROUP AND SUPPLIERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR EXEMPLARY OR PUNITIVE DAMAGES, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF ANGELA & I SERVICES BY YOU OR ANY OTHER PERSON, AND NOTWITHSTANDING THAT ANGELA & I OR MEMBERS OF THE GROUP AND SUPPLIERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON, PROVIDED THAT SUCH LIABILITY EXCLUSION IS PERMITTED BY LAW.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL ANGELA & I OR MEMBERS OF THE GROUP AND SUPPLIERS’ TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF ROBERTO RESTAURANT SERVICES BY YOU OR ANY OTHER PERSON, EXCEED $100 (CDN) OR THE AMOUNT YOU PAID TO ANGELA & I THROUGH THE USE OF ANGELA & I SERVICES, WHICHEVER IS LESS.
OWNERSHIP OF ANGELA & I SERVICES
You always retain copyright in the material you submit to Restaurant through Angela & i services. On the other hand, Angela & i services themselves and all information (in text, graphical, video and audio forms), software, applications, and other elements available on or through Angela & i services are owned or licensed by Angela & i, Members of the group and suppliers and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Angela & i services does not transfer to you any ownership or other rights in Angela & i services or its content. In particular, except as expressly stated otherwise in this Agreement, Angela & i services may not be copied, imitated, reproduced, uploaded, posted, transmitted, modified, indexed, or distributed in any way, in whole or in part, without the express prior written consent of Angela & i.
ANGELA & I, WWW.ANGELANI.CA, and other marks and logos appearing on the Angela & i services are registered and unregistered trade-marks, trade names, commercial or trade secrets or service marks owned or licensed by Angela & i. Other product and company names and logos appearing on Angela & i services may be registered or unregistered trade-names or trade-marks of their respective owners. Any use of the trade-names, trade-marks, and logos (collectively “Marks”) displayed on Angela & i services is strictly prohibited. Nothing appearing on the Angela & i services or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on Angela & i services.
Angela & i hopes that you find Angela & i services to be an innovative and valuable service and we welcome your feedback (send comments to firstname.lastname@example.org ). However, Angela & i does not accept unsolicited ideas, including ideas for new advertising campaigns, new or improved products, services or technologies. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Unsolicited information”) to Angela & i.
If you do send Unsolicited information to Angela & i, Angela & i must have the right to use them. Therefore, you grant (or warrant that the owner of the Unsolicited information grants) to Angela & i and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, assignable, transferable, sub-licensable, right and license to copy, modify, publish, create derivative works from, distribute, display and otherwise use the Unsolicited information or any ideas, concepts, know-how or techniques associated with the Unsolicited information for any purpose whatsoever. You also agree, represent and warrant that all moral rights in the Unsolicited information are waived in favour of Angela & i and its assigns.
PROMOTIONS, DISCOUNTS AND CONTESTS
From time to time Angela & i may offer special promotions, coupons, or discounts on products or services purchased through the Angela & i services. All such promotions and discounts are subject to specific terms and conditions. Angela & i services may also make contests available to users of the Angela & i services. All contests are governed by this Agreement and any specific applicable Contest rules which Angela & i may provide. By participating in a contest through the Angela & i services, you signify your agreement and acceptance of this Agreement and any applicable Contest rules that Angela & i may provide.
OTHER WEB SITES
Angela & i services may include publicity and links targeting third party web sites and enterprises (“Other web sites”). Other web sites are independent from Angela & i and Angela & i is not liable and has no control on Other web sites or their businesses, products, services and content. Links with Other web sites are only provided as a convenience. Angela & i does not sponsor or support any Other web sites, nor the content or products or services that Other web sites can offer. Your use of Other web sites is at your own risk and you cannot present any claim to Angela & i following your use of Other web sites or your operations with owners or developers. Sections stated in Disclaimer, Liability Exclusion, and Liability Limitation of this Agreement apply, with applicable changes, to your access to Other web sites, to their enterprises, products, services and content.
LINKS AND FRAMES CREATION
The creation of links with Angela & i services or their content without Angela & i’s explicit consent is strictly forbidden. In order to ask the authorization to establish a link with Angela & i services, you may contact us at email@example.com . Angela & i reserves the right to cancel or revoke, at any time, for any reason any authorization given, without prior notice to you or any other person and without engaging its liability towards you or any other person. The creation of frames targeting the Angela & i website or its content, in any manner is strictly forbidden.
SOFTWARE USE CONTRACTS
Angela & i may make available third-party software through or with respect to Angela & i services. That software is owned by third parties or was granted under license, and your download and use of that software is governed by the applicable software license contracts.
PERSONAL INFORMATION PRIVACY
CONTACTING ANGELA & I
Angela & i would always like to hear from you. You may contact Angela & i by telephone, email, or postal mail as below:
Post Mail: Angela&i
105-320 rue de Murano
Saint-Julie (Quebec) J3E0C6
TERMINATION OF THE WEB SITE AND THIS AGREEMENT
Angela & i may, at any time and for any reason and in its sole discretion: (a) change, suspend or terminate, temporarily or permanently, the Angela & i services or any part of it; or (b) restrict, suspend or terminate (in whole or in part) your permission to access or use the Angela & i services, all without any notice or liability to you or any other person. If you breach any provision of this Agreement, you may no longer use the Angela & i services.
GOVERNING LAW AND DISPUTE RESOLUTION
Angela & i controls Angela & i services from Montreal, Quebec. This Agreement and all related matters are governed solely by the laws of Quebec, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between Angela & i and you arising from, connected with or relating to Angela & i services, this Agreement, any transaction conducted through Angela & i services or any related matters (“Disputes”) must be resolved before the Courts of Quebec sitting in the City of Montreal, Quebec, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of all Disputes. Any proceeding with respect to a dispute must be introduced before a competent Court in the city of Montreal, Quebec, in Canada in the 6 months following date when the Dispute arose; thereafter your right to introduce a procedure or claim is waived and extinguished.
The provisions of this Agreement will inure to the benefit of and be binding upon each of Angela & i and Members of the group and suppliers and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives (and those of any person you represent). You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of Angela & i, which may be withheld in Angela & i’s sole discretion. Angela & i may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party.
You and the persons you represent (on the one hand) and Angela & i and Members of the group and suppliers (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.
Any rights not expressly granted by this Agreement are reserved to Angela & i.
This Agreement is subject to change without notice.