Terms and conditions

WELCOME / TERMS AND CONDITIONS OF USE


Welcome to the “TVA Accès L’Abribus+” website of Quebecor Media Sales, a division of Quebecor Media Inc., a subsidiary of Quebecor Inc. (“Quebecor”, “we”, “us” and “our”), www.transitshelter.ca (the “Website”). Please read the terms & conditions of use of the Website (the “Conditions of Use”) before using the Website. By accessing and using our Website, you represent that you have read and understood and agree to be bound by all these Conditions of Use. If you do not agree with these Conditions of Use, your only recourse is to exit the Website immediately. This Website contains information intended for residents of Canada and its provinces only. Other jurisidiction may have statutory and regulatory requirements pertaining to websites different than those in force in Canada.

NO TRANSACTION

This Website is for convenience and informational purposes only. The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed or an offer to sell any product or service.

PROPRIETARY RIGHTS / RESTRICTIONS ON USE

The entire Content of the Website, whether text, data, graphic elements, photographs, images, icons, designs, applications, sound, videos, software, trade-marks, service marks, trade names or any other elements or information available on or through this Website, as well as its layout, organization and design (collectively called “the Content”), is the property of Quebecor or the property of third-party licence holders, as the case may be. The Content is protected by Canadian and international copyright, trade-mark and other intellectual property laws and treaties. Except in the cases mentioned below, you may not modify, copy, reproduce, publish, display, transmit, distribute, execute, create derivative works, transfer or sell any Content without our prior written consent. You may download, print and reproduce the Content for non-commercial personal purposes only, provided that you agree to respect all the copyrights and other proprietary rights contained in said Content, that you cite the URL source of said Content and retain all copyright, trade-mark or other proprietary notices. No right, title or interest of any nature whatsoever is, will be or shall be deemed transferred to you by your use or download or authorized reproduction of any information or materials from this Website. Without limiting the foregoing, the reproduction in whole or in part of multiple copies of the Content for resale or distribution purposes is strictly prohibited without our prior written consent. For any questions on the possibility of reproducing the Content which is part of the Website, please contact us at the following address: contact@transitshelter.ca.

INDEMNITY

You agree to indemnify and hold Quebecor (our partners, managers, employees, agents, licensees and assigns) harmless from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including all reasonable legal and accounting costs) (collectively, “Claims”) resulting from your alleged, presumed or actual breach of these Conditions of Use or in connection with your use of or access to the Website, including the use of third parties for whom you are responsible at law. You will assist and cooperate as fully as reasonably required by us in the defence of any such Claims.

LINKS

The Website may contain links to other websites held and/or administered by third parties and consequently not affiliated with us. Please note that said websites may be independent of our Website and that we have no control over or responsibility for the content of these websites. Consequently, we cannot be held liable for nor do we make any representations or warranties as to the reliability, accuracy, appropriateness and/or completeness of such websites. The links we may post on our Website to third party sites are provided for convenience purposes only and do not constitute nor may they be interpreted as a sponsorship or endorsement of, affiliation to or association with such sites or their owners, nor do they constitute or be interpreted as an authorization by us to use any trade-mark, trade name, service mark, design, logo or other copyright-protected material posted on or accessible via these sites. We encourage you to conduct your own independent review of all links and read their respective privacy policies and terms of use statements carefully. Using links to access to third party sites is at your sole and absolute risk and Quebecor shall not be liable for any direct, indirect, unforeseen, special, consequential or punitive damages arising from your use of or inability to use the links to other sites, your reliance on content contained therein, or for any errors or omissions in the content thereof. We welcome your feedback on the external links found on our site.

DISCLAIMER / LIMITATION OF LIABILITY

Although we try to keep our Website updated and as precise as possible, errors and omissions may slip in. CONSEQUENTLY, TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW,THIS WEBSITE, INCLUDING THE CONTENT AND THE PRODUCTS AND SERVICES OFFERED THEREON, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TITLE, PERFORMANCE OR DURABILITY. WE DO NOT WARRANT OR REPRESENT THAT THE SITE’S FUNCTIONS WILL REMAIN UNINTERRUPTED, FREE OF ERROR OR FREE OF VIRUSES, BUGS, DEFECTS OR OTHER HARMFUL COMPONENTS. IN NO CASE WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, UNFORESEEN, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR IN ANY WAY RELATED TO THE USE OR IMPOSSIBILITY OF USING THE WEBSITE OR ANY CONTENT OR PRODUCTS OR SERVICES OFFERED THEREON, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW IN CERTAIN JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR UNFORESEEN OR CORRELATIVE DAMAGES; CONSEQUENTLY, THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY IN YOUR CASE. INFORMATION ON THIS WEBSITE MAY CONTAIN TYPOGRAPHICAL, NUMERICAL AND TECHNICAL INACCURACIES OR ERRORS. QUEBECOR RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, IMPROVEMENTS AND/OR DELETIONS TO THE WEBSITE AND IT'S CONTENT AT ANY TIME WITHOUT NOTICE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, QUEBECOR MAKES NO REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT: (A) THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (B) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (C) THE INFORMATION AVAILABLE ON, THROUGH OR CONNECTED WITH THE WEBSITE WILL BE TIMELY, UNINTERRUPTED, SEQUENTIAL, ACCURATE OR COMPLETE; (D) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE ACCESS TO OR USE OF THE WEBSITE; OR (E) THE ACCESS TO AND USE OF THE WEB SITE WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS AND WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND QUEBECOR DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING ANYTHING HEREIN, UNDER NO CIRCUMSTANCES WILL QUEBECOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY QUEBECOR OR ANY PERSON FOR WHOM QUEBECOR IS RESPONSIBLE, AND EVEN IF QUEBECOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, QUEBECOR WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY QUEBECOR TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY QUEBECOR IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING, ANY COMMUNICATION SENT TO US BY MEANS OF THE WEBSITE, EMAIL OR OTHERWISE, OR FOR ANY LOSS OR DAMAGE SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE WEBSITE OR ANY PART OF IT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND NOTWITHSTANDING ANYTHING HEREIN, UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE LIABILITY OF QUEBECOR TO YOU OR ANY OTHER PERSON UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY QUEBECOR OR ANY PERSON FOR WHOM QUEBECOR IS RESPONSIBLE, AND EVEN IF QUEBECOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE BEING INCURRED, EVER EXCEED TEN CANADIAN DOLLARS $10 (CAD). YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE QUEBECOR FROM ANY AND ALL LIABILITY IN EXCESS OF TEN CANADIAN DOLLARS $10 (CAD).

PRIVACY

We respect your right to privacy. Please review our privacy policy regarding the Website for more details about how we collect, use, disclose or otherwise process your personal information.

CHANGES AND CESSATION

We reserve the right, at any time and from time to time, to modify or close, temporarily or permanently, the Website (or any part thereof), with or without prior notice and without liability. In addition, we reserve the right to amend these Conditions of Use at any time and to notify you thereof by posting an updated version of the Conditions of Use of the Website. If we decide to change our Conditions of Use, we will post these changes on our home page so that our users are informed of the change. It is your responsibility to review the Conditions of Use regularly, including, without limitation, by verifying the date of the “last update” at the bottom of this document. To help you identify the amendments made to our Conditions of Use, a history of the changes will be posted below. By continuing to use the Website after such amendments, you confirm that you accept to be bound by these amendments, provided that we still consider that your use of the site indicates your agreement to be bound by such amendments. Your only right regarding any dissatisfaction with (1) the Conditions of Use; (2) any policy or practice issued by us in managing the Website; or (3) any Content provided on the Website, is to stop visiting and using the Website.

TRADE-MARKS

Any trade-marks, trade-names, service marks or logos, whether registered or not, on the Website are the property of their respective owners. Our trade-marks and packaging may not be used in any way or for any purposes without our express written consent. Nothing herein shall be construed as conferring, by estoppel, implication or otherwise, any right or license in and to any trade-mark or other intellectual property right of Quebecor, or any other party.

APPLICABLE LAWS / CHOICE OF FORUM / SEVERABILITY

To continue accessing and using the Website, you must agree to comply with all applicable laws and regulations, whether federal, provincial, territorial or other. These Conditions of Use will be governed by and interpreted in accordance with the laws in force in the Province of Quebec and the federal laws of Canada applicable therein, notwithstanding any principles of conflict of laws or choice of law. You hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Quebec, in the Judicial District of Montreal, for any litigation arising out of or relating to the use or the content of this Website, waive any objection to the venue of any litigation and agree not to plead or claim in any Quebec court that such litigation brought therein has been brought in an inconvenient forum. In the event that any provision of these Conditions of Use is illegal, void or unenforceable for any reason, such provision will be severable from these Conditions of Use and will not affect the validity or enforceability of all the other provisions. These Conditions of Use and all the other legal notices or statements posted on the Website represent the entire agreement between us regarding the use of the Website, including its Content. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations hereunder 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.

For any questions or comments about these Conditions of Use, please contact us at the following address: contact@transitshleter.ca

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