Terms of Use, Privacy Policy and Intellectual Property Policy

TERMS OF USE OF GARAGE LEGAL
 
Please read carefully the following Terms of Use (herein after "Terms of Use") of Garage Legal, a non-profit organization whose head office is located at 102-5555 AV. de Gaspé (H2T2A3), in the city of Montreal, in the province of Quebec, in Canada (hereinafter "Garage Legal").
 
Garage Legal operates this website and this application (hereinafter "Platform"). By deciding to use the Platform and the services of Garage Legal, the user, understood as the end user or the organization that you represent or for which you work (hereinafter the "User" or "Users") accepts all the Terms of Use indicated below that govern the content and the use of the Platform, as well as the "Privacy Policy" that follows the Terms of Use of Garage Legal.
 
These Terms of Use shall be legally binding upon the User and Garage Legal (hereinafter the "Parties"). The Parties are entitled to invoke these Terms of Use and to take all useful and necessary measures to enforce them.
 
If the User does not accept these Terms of Use or, as the case may be, the Terms of Use as amended from time to time, the User shall not, or shall no longer, use the Platform.
 
ACCESS AND USE OF THE PLATFORM
 
If you browse the Platform, it means that you have read, understood and accepted the Terms of Use.
 
The Platform is accessible from any computer (computer, smart phone, tablet, etc.) and on any browser.
 
For optimal use, we recommend the use of the following browsers: Safari and Chrome. The Platform is accessible on our website, and from any computer (computer, smartphone, tablet, etc.).
 
THE SERVICE
 
The Platform is accessible at all times. It may happen that the Platform is temporarily unavailable in case of updates or technical problems. Garage Legal is not responsible for any interruption of service or updates. Garage Legal tries to make updates when the traffic on the Platform is at its lowest.
 
Garage Legal does not warrant that the Platform, or any part thereof, will operate on any particular computer hardware or device. Furthermore, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
 
Garage Legal reserves the right to add, delete and modify all or part of the content on the Platform, except for the User's own content. Garage Legal is not responsible for mistakes, typographical errors and bugs. Each User created in the system is the owner of the content of his account. Garage Legal does not delete anything unless a User requests it.
 
Each User of the Platform agrees, without limitation, not to:
(a) Use the Platform in any manner that could damage, disable, overburden or impair the Platform ;
b) interfere with the security of, or otherwise abuse, the Platform or any services, resources, systems, servers or networks connected to the Platform or affiliated sites or connected to or accessible through them
c) Disrupt or interfere with any other service or affiliated or linked sites' use or enjoyment of the Platform;
d) Upload, post or otherwise transmit on the Platform any virus or other harmful, disruptive or destructive computer file or program;
e) Use any robot, spider or other automatic device or manual process to monitor or copy the pages of the Platform or its contents;
f) Transmit through the Platform unsolicited mass e-mails, chain letters, junk mail or other types of e-mails;
g) Attempt to gain unauthorized access to the Platform or portions thereof to which access is restricted. In addition, User agrees that it is solely responsible for all actions and communications undertaken or transmitted to or on behalf of User, and agrees to comply with all applicable laws with respect to its use or activities on the Platform.
 
SERVICES OF THE CLINIC
 
Information provided to the Clinic does not constitute and may not be construed as constituting an expression of legal opinion or advice or a recommendation as to a course of action. Under no circumstances may the use of the information services offered by the Clinic replace consultation, outside the Clinic, with a lawyer or notary. To obtain specific legal advice or opinions, it is necessary to specifically consult a lawyer or notary. The Clinic's services are therefore a first step: to make legal information available and communicate it to you.
 
The University of Montreal, the Faculty of Law, their staff and students cannot be held responsible for any damage presented as a result of the communication and use of legal information transmitted in the context of the Clinic.
 
Since its primary vocation is the training of law students, the Clinic does not undertake to respond to requests for legal information addressed to it and reserves the right to select requests that are of pedagogical interest to the students who participate.
 
If you request this service, you agree not to record the audio or visual content of the exchanges during the meetings with the students. In addition, in order to optimize the quality of the legal information service, you must, prior to the appointment, ensure that you have a location that allows for confidential exchanges during videoconference meetings and an Internet connection that is powerful enough to allow good quality video calls.
 
By requesting a meeting with the students of the Legal Information Services Clinic of the Faculty of Law of the University of Montreal, you acknowledge that you have read, understood and accepted the terms and conditions described above. Please note that these terms and conditions are subject to change at any time.
 
INTELLECTUAL PROPERTY
 
Unless otherwise specified, all intellectual property rights (trademark, copyright, etc.) (hereinafter the "Intellectual Property") related to the Platform are the exclusive property of Garage Legal. You may not copy or use any of the materials, structure, menu, look and feel or characters that appear on the Platform without the express consent of Garage Legal.
 

Certain names, words, titles, phrases, logos, icons, graphics, designs, domain names or other content on the Platform may be, among other things, registered or unregistered trademarks or trade names (for the purposes of these Terms of Use, they are all referred to as "Trademarks"). These Trademarks are protected by Canadian and foreign trademark laws and are, as the case may be, the exclusive property of Garage Legal.

Without limiting the scope thereof, the Intellectual Property elements belonging to Garage Legal include, but are not limited to, the following elements

- All logos, drawings, graphics, photos, videos, trademarks (registered or not), symbols, texts, expressions, words as well as all the general content of the Platform that are not already subject to intellectual property rights;

Unless otherwise specified, all information provided on the Platform is the property of Garage Legal, and is protected by applicable laws. In addition, the information may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reproduced, reused, sold, transmitted or used for derivative works, public or commercial purposes without the express written permission of Garage Legal. The information is protected under the copyright and trademark laws of Canada and the countries that host the Platform.

Images and text contained on the Platform that are downloaded, copied, saved or printed are still subject to these Terms of Use. You must ensure that all copyright and trademark notices are still included. The content of the Platform is subject to change at any time without notice. For further information regarding permission to use, reproduce or republish any information presented on the Platform, please contact us at info@garagelegal.ca.

Nothing contained herein shall be construed as conferring any license or right upon User under copyright or trademark laws.

Any unauthorized downloading, retransmission, copying or modification of the Intellectual Property or data contained on the Platform may violate laws including trademark or copyright laws and could subject User to legal action.

Subject to applicable laws, the importation, creation, submission or storage of content by the User grants Garage Legal a free, transferable, sub-licensable, worldwide, non-exclusive license. This license authorizes Garage Legal to host, use, modify, reproduce, publish, publicly perform, create derivative works from, or distribute your content. Under this license, Garage Legal may use your content only in connection with the operation, promotion or improvement of its services. If you wish to terminate this license, simply delete your account. However, the content you have shared will still be visible to other Users: you may request its removal, subject to certain restrictions, from the contact person, whom you can contact at info@garagelegal.ca.

EXTERNAL LINKS

It is possible that by using a hyperlink, the User leaves the Platform to access external content (hereinafter the "External Websites"). In addition to its own contents, Garage Legal provides the Users with links to External Websites only for the User's convenience and information. Garage Legal has no control over the content of these External Websites and does not assume any liability for their correctness, accuracy, completeness, authenticity, timeliness or suitability. Any liability of Garage Legal is excluded, in particular for direct or indirect damage or consequences related to the use of the contents of these External Websites. Garage Legal has no influence on the contents of the linked external websites and is not responsible for the careful selection of the contents of the external links, in particular for the contents that were changed after the link was set. Garage Legal does not require the transmission of information, does not select the recipients of the transmitted information or the information itself, and does not modify it. Furthermore, no automatic short-term intermediate storage of these external links is carried out by Garage Legal according to the current method of link creation and retrieval. Therefore, the responsibility for the content of the linked pages lies with Garage Legal.

In addition, Garage Legal does not warrant that there is no violation of any law, including no infringement of copyright, trademark or other third party rights by these External Websites or their content, nor that they are free of viruses or other harmful components.

No warranty is given as to the authenticity of the materials available on the Internet.

SOCIAL MEDIA

The following terms and conditions apply when you access a social media page, User account, website, network or any application contained therein that has been designed and operated by a social media (individually, a "Social Media" and collectively, "Social Media").

General Statement

By using the Social Media pages and submitting a comment, photo, video or other material, you (and your parent/legal guardian if you are under the age of majority in the province or territory in which you reside) agree to be bound by and comply with Garage Legal's Terms of Use and Privacy Policy and the Terms of Use of the third party providers of the Social Media. You also consent to Garage Legal copying, editing, publishing, translating and distributing your comment, photo, video or other material posted on a Social Media without compensation.

Terms of Use of Social Media

Some of the comments and other materials posted on Social Media pages may not represent the views of Garage Legal. Thus, you agree not to post or submit any information, postings, links or other materials of any kind on the Social Media pages that fall into any of the categories described below with respect to Garage Legal:

- Defamatory Content;
- Defamatory;
- Forged;
- Obscene;
- Deceptive;
- Illegal;
- Otherwise violates the rights (including privacy rights) of others;
- Any content that contains advertising;
- Promotional materials or any form of unwanted solicitation;
- Any content whose origin or source is falsified;
- Any financial or personal information about you or any other person; and
- Any information that Garage Legal deems to be in violation of the Terms of Use.

Any information, postings, links or materials that Garage Legal deems to fall into any of the above categories will be removed immediately without liability to Garage Legal.

Furthermore, Garage Legal does not assume the responsibility of filtering the messages posted on the Social Media.

Garage Legal disclaims all liability with respect to entities that own or operate Social Media, including for any direct or indirect loss or damage arising from any action or decision made by you or any other person in connection with the use of Social Media websites.

DISCLAIMER, WARRANTY EXCLUSION AND INDEMNIFICATION

Garage Legal does not warrant the accuracy, completeness, quality, adequacy or content of the information on its Platform. This information is provided "as is" without warranty or condition of any kind, either express or implied, including, but not limited to, implied conditions and warranties of merchantability and fitness for a particular purpose, except in jurisdictions that do not allow the exclusion of warranties.

Garage Legal is not responsible for the content posted on the Platform by Users and for any damages that may result from it. Each User is responsible for the content he exchanges on the Platform and may not use the Platform for purposes contrary to the laws applicable in Quebec and in Canada.

When the User is a consumer within the meaning of the Quebec Consumer Protection Act, the latter does not allow the exclusion of warranties and the non-liability of Garage Legal for certain damages. In this case, the User has additional rights and is not subject to certain limitations mentioned below.

Garage Legal shall not be liable for any direct, indirect, special, incidental or consequential damages, or any other damages whatsoever, including but not limited to loss of revenue, profits or anticipated economic benefits, arising out of the use of or inability to use the Platform, the information, documents and software contained therein, even if Garage Legal has been advised of the possibility of such damages or even if such damages can be reasonably foreseen.

 

As a User, you will indemnify Garage Legal, and, where applicable, its directors, officers, shareholders, partners, employees, agents, consultants, and other Garage Legal stakeholders, and hold them harmless from and against all claims, liabilities, losses, and expenses (including legal fees) attributable to your use of the Platform and/or violation of these Terms of Use, whether such violation is by you or any third party user of your account.

You may not use or export the Information or any copy or adaptation of the Information in violation of any applicable laws or regulations.

CHANGES TO THESE TERMS

We will occasionally update these Terms of Use. Continued use of the Platform constitutes User's agreement to these Terms of Use and any updates.

The User agrees and acknowledges that Garage Legal reserves the right, at any time and without prior notice, to modify, change or update the Terms of Use. If the User objects to any modification of these Terms of Use, the User shall cease all use of the Platform. Garage Legal will attempt, to the extent possible, to inform Users of any changes to these Terms of Use. However, it is the User's responsibility to review these Terms of Use on a regular basis to be aware of any changes.
INTERPRETATION

The headings of the preceding sections are inserted for reference purposes only and shall not affect the construction or interpretation of the provisions of these Terms of Use.

Wherever the context requires, words importing the singular number shall include the plural and vice versa; words importing the masculine gender shall include the feminine gender and vice versa.

CONTACT PERSON

If you have any questions or comments regarding any content on the Platform, please contact us at gilles@garagelegal.ca.

Last updated on March 18, 2021.

GARAGE LEGAL PRIVACY POLICY

INTRODUCTION

With the advent of new communication tools, it is necessary to pay special attention to the protection of privacy. That is why we, (hereinafter referred to as "Garage Legal"), are seriously concerned about the privacy of your personal information and are committed to respecting the confidentiality of the information we collect.

Garage Legal is committed to complying with the obligations under applicable laws regarding the collection and handling of personal and confidential information obtained in the course of operating a business so that everyone can enjoy privacy.

This Privacy Policy (hereinafter the "Policy") describes the information we may collect from users (defined as the end user or the organization you represent or work for - hereinafter the "User" or "Users") in the course of our business, the purposes for which we collect it, how we use it, and the circumstances in which we may transfer it to third parties. In addition, this Policy indicates the rights available to the User regarding the collection, use and disclosure of his/her personal information. Garage Legal will not collect, use or disclose the User's personal information other than in accordance with this Policy and the applicable laws of Canada and Quebec.

SCOPE OF THE POLICY

When the User browses one of our mobile applications and uses our online services by visiting our website (the mobile application and the website of Garage Legal, hereinafter the "Platform") or by subscribing to our publications by email, he/she accepts the terms and conditions of this Policy. If the User continues to use the Platform after a new version of this Policy has been posted on the Platform, the User thereby consents to and is bound by the changes.

The information we collect is necessary when we provide a service to the User or when we carry out a transaction requested by the User. By providing us with this information, the User consents to its collection and use as described in this Policy.

COLLECTION OF PERSONAL INFORMATION

Garage Legal may obtain personal information from the User when he or she saves personal information on the Platform or, if applicable, by otherwise transmitting personal information, such as by creating a User account and choosing a password, logging in as a registered User on the Platform by conducting a product search, requesting a service, providing account information, contacting us by phone, email or otherwise, or filling out a form to participate in a contest, inventory request, promotion or survey.

We collect the following information from the User upon registration:

- Full name;
- Telephone number; and
- Email address;
- Company name;
- Description of the company's activities.

The User's personal information will not be retained beyond the purposes for which it was collected. Garage Legal respects the retention period established by this Policy, which is consistent with the Privacy Act. The deletion of the data takes place when the User deletes his account. The User will then have thirty (30) days to recover his data, failing which Garage Legal will permanently delete it.

The Platform is designed for use by adults only as understood in the province of Quebec. Garage Legal does not knowingly collect personal information from persons under the age of eighteen (18).

For more information on the protection of your personal information and your rights, you may contact the Office of the Privacy Commissioner of Canada or the Commission à la protection de la vie privée du Québec.

- Office of the Privacy Commissioner of Canada www.privcom.gc.ca
- Commission d'accès à l'information du Québec www.cai.gouv.qc.ca

FORMS AND INTERACTIONS

The User's personal information may be collected through the following forms

- Contact form.

If the User is not subscribed to our newsletter, he/she will not receive any email from Garage Legal, except in specific cases (e.g.: follow-up or expiration of his/her subscription, follow-up of his/her free trial, participation to a contest, etc.).

The User's information is also collected through the interaction that may take place between the User and the Platform and may be used for the following purposes:

- To understand the use of the Platform by the User;
- To provide services to the User; and
- To manage customer accounts.

ADVERTISING INFORMATION

Garage Legal will contact you only if you choose to be contacted. If you prefer not to receive marketing information from us or if you do not want us to use your personal information to enhance your User experience, please let us know by contacting us at the contact listed in the "Right to Opt Out" section.

Please remember to include your full name and email address that you used when you registered or made a purchase from us. There may be a delay in processing an email or postal mail request and you may continue to receive communications from Garage Legal in the interim.

THIRD PARTY SERVICES

Garage Legal may use, in the framework of the management of its activity and of its Platform, third party services. Under no circumstances shall Garage Legal be liable for any damage that may arise from these third party services. To know the Terms of Use of these services, we invite the User to consult their respective websites.

Garage Legal prohibits and is not responsible for the resale or use by third parties of opt-ins obtained through the Platform by event organizers. If you have agreed to share your contact information with partner organizations, then we will share it with them. We do not sell or rent our lists.

INTERNATIONAL COMMUNICATIONS

In some situations, User data may be transmitted to servers outside of Canada. The User acknowledges this and holds Garage Legal harmless from the consequences of such transfer.

SHARING OF PERSONAL INFORMATION

Garage Legal will not sell the personal information collected without the express consent of the User. The only situation in which personal information may be sold is in the event of a partial or total transfer of the business to a third party. In such a case, the information transferred as an asset of Garage Legal will be subject to the same safeguards as this Privacy Policy. 
 
Unless otherwise stated in this Policy, personal information that the User provides will not be shared with third parties without the User's permission. However, we may share such information with partners. 
 
If the User does not want his personal information to be shared with third parties or partners, he can object to it at any time, as mentioned in the following section.
 
Garage Legal may, in the following cases, exceptionally disclose the User's personal information without his consent:
 
- In case of a legal obligation, in particular when a Court order obliges Garage Legal to disclose the User's personal information.
- When it is impossible to obtain the User's consent and privacy laws allow Garage Legal to disclose such personal information. This is particularly the case when the protection of the public interest so requires. 
 
 
RIGHT OF OBJECTION AND WITHDRAWAL
 
We are committed to offering the User the right to object and withdraw his personal information. 
 
The right to object is understood to be the possibility offered to Users to refuse that their personal information be used for certain purposes mentioned at the time of collection. 
 
The right to withdraw is understood to be the possibility offered to Users to request that their personal information no longer appears, for example, in a mailing list. 
 
Users also have the right to request access to and correction of the personal information we have collected about them by contacting the contact person listed in the "Contact Person" section below.
 
ANTI-SPAM LAWS
 
Garage Legal complies with the requirements of the Canadian Anti-Spam Act (CASL). 
 
To unsubscribe from our electronic communications list, please contact us at gilles@garagelegal.ca.
 
SECURITY 
 
The personal information that Garage Legal collects is kept in a secure environment. Garage Legal has adopted appropriate measures to maintain the confidentiality of personal information and to protect it from loss or theft, as well as from unauthorized access, disclosure, copying, use or modification, taking into account, among other things, the sensitivity of the information and the purposes for which it is used. In addition, Garage Legal requires that each employee, agent or representative of Garage Legal comply with this Policy.
 
To ensure the security of the User's personal information, Garage Legal uses, among others, the following measures
 
- Use of password protected data networks; and
- Confidentiality agreements with employees.
 
Garage Legal is committed to maintaining a high level of security by integrating the latest technological innovations to ensure the confidentiality of the User's transactions in order to ensure the protection of his personal data and to prevent them from being accessed, used or disclosed without authorization.
 
However, since no mechanism offers maximum security, there is always a degree of risk involved when using the Internet to transmit personal information. If a password is used to protect the User's account and personal information, it is the User's responsibility to ensure that it is kept confidential. 
 
 
ENGLISH AND FRENCH LANGUAGE
 
In the event of a problem of definition or interpretation between the French and English versions of these Terms of Use, the French version shall prevail. 
 
APPLICABLE LAW AND COMPETENT COURTS
 
The Platform and its content are managed by Garage Legal from its offices located in the province of Quebec, Canada. The Platform and its content, these Terms of Use and your use of it are all governed by the laws of Quebec and Canada that are applicable, without giving effect to any principles of conflict of laws. 
 
You agree that all questions and disputes regarding the Platform and your use of it shall be first mediated and, in the absence of compromise, decided by the courts of Montreal.

Notwithstanding any attribution of jurisdiction and applicable law, where the User is a consumer within the meaning of the Quebec Consumer Protection Act, then any dispute relating to this Policy shall be governed by the laws of the Province of Quebec, and shall necessarily be brought before a court of competent jurisdiction pursuant to the rules of the Code of Civil Procedure.

INTERPRETATION

This Policy is governed by the applicable laws of Quebec and Canada, including the Privacy Act of Canada. These laws apply without giving effect to any principles of conflict of laws.

Wherever the context requires, words importing the singular number include the plural and vice versa; words importing the masculine gender include the feminine gender and vice versa.

DIVISIBILITY

Each provision of this Policy forms a separate and distinct whole so that any determination by a court that any provision of this Policy is void or unenforceable shall not affect the validity or enforceability of any other provision of this Policy.

CONTACT

You may exercise your rights under this Policy or direct any other questions or complaints about Garage Legal's privacy practices to us by contacting

Name: GILLES DE SAINT-EXUPÉRY
E-mail: gilles@garagelegal.ca

CHANGES TO THIS POLICY

We will occasionally update this Policy. Continued use of the Platform constitutes User's agreement to this Privacy Policy and any updates.

User agrees and acknowledges that Garage Legal reserves the right, at any time and without prior notice, to modify, change or update the Policy. If the User objects to any changes to this Policy, the User shall cease all use of the Platform. Garage Legal will attempt, to the extent possible, to inform Users of any changes to this Policy. However, it is the User's responsibility to review the Policy on a regular basis to be aware of any changes.

Last updated on March 18, 2021.

 

Ce contenu a été mis à jour le 7 avril 2021 à 20 h 09 min.