Conditions of use « Logilys »
1. Definitions
Any person or organisation who uses the Service, particularly to make an online donation or to sign-up to an activity related to a Dealer;
Refers to Logilys inc., a corporation duly incorporated, having its principal place of business at 217, avenue Léonidas Sud, Porte 13, Rimouski, Province of Quebec G5L 2T5;
“LogiZone Account”
Refers to a personal account allowing the option to fill donation forms online for online registrations; you simply need to create a user code and password for certain information, notably username and password in order for certain information, particularly personal data, to be automatically placed in the form. A LogiZone Account also gives the possibility to manage all family members or employees of an organization as well as preserve a history of all past transactions;
An organization that uses the Service in order to put different transaction forms online;
Refers to all the products, software, data and services including the LogiZone Account;
Refers to all Logilys websites, including and;
2. Your Relationship with Logilys
The use of the Website or Service provided by a Logilys Website is subject to the terms to a contract, which binds you to Logilys.
There are two (2) types of Service users:
1) Dealer
The Dealer has full control of his zone. At any time he can add or remove any form (including its content);
The forms posted online by the Dealer are his entire responsibility;
The Dealer recognizes being entirely responsible of the personal information that is transmitted to him in a confidential and secure manner. Consult our Confidentiality Policy.
2) Client
The clients accepts that all data regarding a transaction (personal and financial) are transferred to the Dealer;
This binding contract between you and Logilys includes (A) The Terms of Use provided; and (B) Logilys community regulations (available on the official Logilys Website).
The conditions are binding between you and Logilys regarding the use of the Service. It is important for you to read them attentively.
The conditions apply to all users of the Service, including the Dealers who provide Logilys with Content on the Service.
3. Acceptance of Terms
In order to use the Service, you must first accept the Terms of Use. If you do not accept them, you may not use the Service.
Your use of the Service will be deemed acceptance of the present Terms of Use. You recognize and accept that Logilys may consider your use of the Service as an acceptance of the Terms of Use as soon as you use them.
You can neither use the Service nor accept the Terms of Use if:
You are not the legal age required in order to conclude a contract with Logilys;
The laws of your country of residence or country from which you are using the Service prohibit you from receiving or using the Service.
4. Modification of Terms of Use
Logilys reserves the right to periodically modify the Terms of Use. For example, by adapting them to the legislative and regulatory modifications or by modifying the functionality offered by the Service.
Consequently, you must regularly consult the Terms of Use in order to be informed of the modifications. In case of modification, the modified version of the Terms of Use will be available via the Service (the date of effect below shall be revised). If you do not accept the Terms of Use, you must cease using the Service. Continuing the use of service will be deemed an acceptance of these Terms of Use.
5. LogiZone Account
To access the functionality of the Website or other elements of the Service, you must create a LogiZone Account. When creating your LogiZone Account, you must provide complete and accurate information. Make sure to preserve the safety and confidentiality of your password.
You must immediately warn Logilys of all security breaches or unauthorized use of your LogiZone Account as soon as you become aware.
You acknowledge that you are the only person responsible (towards Logilys and all third parties) of all activity performed from your LogiZone Account.
6. General Restrictions of Use
Logilys authorizes you to access and use the Service subject to respecting the following conditions. You acknowledge that the non-respect of one the following conditions constitute a breach of the present Terms of Use:
You agree not to distribute any or part of the Website or Service, particularly the content on any medium without previous written authorization by Logilys, except if Logilys provides the means of such a distribution by a functionality offered in the Service;
You agree not to modify or alter any part of the Website or Service;
You agree not to access content by any other means than the Website's Service;
You agree not to try and to abstain from circumventing, deceiving or disrupting in any way, all functions of the Service related to (i) the safety, or (ii) preventing or restraining the use or copying the content, or (iii) imposing restrictions on the use of the Service or accessibility of the service;
You agree not to use the Service for one of the following goals without written preauthorization from Logilys: (i) the sale of access to the Service, (ii) the sale of publicity, promotions or sponsors placed on the Service or in the content, (iii) the sales, publicity, promotions and sponsors on any page of any blog or website receiving publicity and which has content provided by the Service, unless the other elements that are not provided by Logilys that are on the same page have a sufficient value to justify this sale;
Prohibited commercial use does not include (i) the launch of an original form by a Dealer by using the Service, (ii) the management of an original campaign by a Dealer on the Website with the goal to promote philanthropic, commercial or artistic activities, nor (iii) the distribution of originals forms by a Dealer through the Service or on a blog or on a website receiving publicity;
If you use a link towards the Service on your website, you cannot modify, create a service, or a derivative work or block any or all parts of the functionality of the Service;
You agree not to use an automated system particularly any “spiders” with access to the Service in a way that will send several messages to the Logilys servers in a time frame that is not reasonable humanly possibly. By using a standard Internet browser (that is a non-modified browser) available on the market;
You agree not to collect nor gather personal data on any user of the Website or any service including the data from LogiZone Accounts (except for data that is directly linked to your use as Dealer of the Service);
You will abstain from copying, reproducing, distributing, transferring, displaying, selling or granting licenses or exploiting any content for any other use without previous written consent from Logilys or its respective licensors;
You agree to respect at all times during the use of the Service, all the Terms of Use and particularly the Logilys Community Regulations.
Logilys authorizes the managers of public search engines to use spiders to copy data from the Website in order to create data indexes that may be consulted by the public, but not caches or data archives. Logilys reserves the right to revoke these exceptions be it generally or in specific cases.
Logilys is constantly innovating in order to offer its users the best experience possible to its users. You acknowledge and accept that the form and nature of the proposed service by Logilys can be modified once in a while without previous notification.
As part of this permanent innovation, you recognize and accept that Logilys may cease (permanently or temporarily) to offer the Service (or any function that is part of the Service) to you as well as any user in general at its entire discretion without notice. You may cease using the Service at any time; you need not specifically inform Logilys when you cease to use their service.
You acknowledge that you are solely responsible (and that Logilys has no responsibility towards you or any third-party) for any breach of your obligations under these terms including any consequence of said breach (including losses and damages sustained by Logilys).
7. Copyright Protection Policy
Logilys has put in place a copyright protection policy for all content on which a third-party has notified us about a violation of their copyrights.
If you believe that some of your copyrighted content has been published on the Website without your authorization, you may notify us about the breach of your right. Only the holder of the copyright or an authorized agent may make such a request.
The easiest and quickest way to inform us about a presumed breach of your rights is to notify Logilys.
Should you decide to request the deleting of the content by sending a notification of a copyright breach, know that a judicial procedure could be brought following the evaluation of the breach.
Do not make false declarations. The abusive use of this procedure may result in the suspension of your account and legal action.
As part of its Copyright Protection Policy, Logilys will terminate a user's access to the Service if they are a repeat offender. A repeat offender is a user that has been advised more than twice for presumed counterfeit activities following a notification from a third-party.
8. Content
As holder of the LogiZone Account, you may submit Content. You acknowledge that Logilys does not guarantee the confidentiality of the Content, whether or not it is distributed.
You reserve your copyrights on your content, however you must grant Logilys, and other users of the Service, limited rights. These rights are described in article 10 of these Terms.
You acknowledge and accept that you're solely responsible for your own content and the consequences of its distribution. Logilys does not guarantee any content, opinion, or recommendation expressed, and declines all responsibility regarding the Content.
You declare and guarantee that you own (and continue to own during the use of the Service) all the rights, licenses, consents and authorizations necessary to allow Logilys to use your content with the goal of offering its Service, and more generally, the conditions by the present Terms of Use and the Service.
You agree that your conduct on the Website “and the entirety of your content” respects the Logilys community regulations available on Logilys' official website and are regularly updated.
You agree not to put online, nor distribute content with elements, which you are not legally authorized to have in your possession in your country of residence, or that Logilys could not legally use or have in its possession for providing the Service.
You agree not to submit to the Service content on which third-parties own rights“including the copyright and their right to privacy”unless you have obtained formal authorization from the concerned party to distribute the data and to grant Logilys the right specified at article 9 here below.
If Logilys is informed of an eventual violation of these Terms of Use, they reserve the right to decide if the content respects the requirements specified in the present terms of conditions, and can delete all content that would violate the Terms of Use, and to refuse a user access to the Service due to the submission of such content at any time without notice and at its entire discretion.
You also acknowledge that by using the Service you may be exposed to inexact, shocking, indecent or otherwise negative content. As webhost and under article 14 below, Logilys shall in no way be considered responsible for the distribution of this type of content.
9. Granted Rights
When you submit content to the Service, you grant:
Logilys a non-exclusive, transferrable (including the right to sublicense) ex gratia, and for the whole world to use, reproduce, distribute, create derivative work, to represent and execute the content for the Service or the provision of the Service and Logilys activity, notably without limitation to promote and redistribute all or part of the Service (and derivative work that has resulted) in any format, on any medium, and via any media;
Each user of the Service has the non-exclusive right, ex gratia and for the entire world to access your content via the Service, to use, reproduce, distribute and to create derivative works, to represent and execute the content as authorized by the Service and the present terms.
The rights that you grant hereinabove on the content cease when you remove or delete your content from the Website. The rights that you grant hereinabove on the textual comments that you submit will be ceded for the duration of these rights but without prejudice to the copyright that you keep in accordance with article 7 of the present.
10. Logilys Content on the Website
Except the content that you submit regarding the Service, all other content available by the Service is Logilys' property or has been licensed to Logilys. This content is protected by copyright, trademark and all other intellectual property rights held by Logilys or its licensors. All brands featured in content that have not been submitted or distributed by you are brands that are held by their respective owners. Such content cannot be downloaded, copied, reproduced, distributed, transmitted, displayed, sold, licensed nor exploited in any way for any means without prior written consent from Logilys or one of its licensors. Logilys and its licensors reserve all rights on their content that is not expressly licensed.
11. Links on Logilys Websites
The Service may contain links toward other websites that neither belong to Logilys nor are controlled by Logilys. Logilys has no control over the content, policies, or practices of third-party websites and declines all responsibility to that effect.
You recognize and accept that Logilys is not responsible for the availability of these websites and external resources, and neither guarantees nor advertises neither the products nor the links, nor the information on these websites or external resources or those accessible from them.
You recognize and accept that Logilys cannot be held responsible for loss or damages that you may incur due to the existence of these websites or external resources, or the trust that you have in the comprehensiveness, accuracy and existence of any advertisement, product or other data on these websites or external resources, or accessible from them. Logilys encourages you to be vigilant when leaving their website, and to read all general conditions and protection policies from other websites that you may visit.
Logilys vous encourage à être vigilant lorsque vous quittez le Site Internet et à lire les conditions générales et les principes de protection des données personnelles des autres sites que vous pouvez visiter.
12. Terminating your Relationship with Logilys
The present Terms continue to apply until you or Logilys rescind them in the conditions described hereinunder.
Should you wish to rescind the contract that binds you to Logilys, you may do so by (a) notifying Logilys at any time, or (b) by closing your LogiZone Account or your Merchant Account. Your notice must be written and addressed to Logilys.
Logilys may terminate your contract if:
You do not respect one of the Terms (or you act in a manner that clearly demonstrates that you do not have the intention or that you are incapable of respecting the Terms of Use);
Logilys is required by law (for example if providing you the Service becomes illegal);
Logilys begins ceasing to provide the Service to users in your country of residence or in the country of which you use the Service;
The Service that Logilys provides is no longer commercially viable in Logilys' point of view.
Should an event from a), b), c) or d) occur, when possible, Logilys may notify the interested party in a reasonable timeframe.
As of the termination of these Terms, all legal obligations or clauses that survive the Terms or which are provided to survive the Terms, will not be affected by the termination and the terms of article 14 will continue to apply to these clauses.
13. Exclusion of Guarantees
None of the present Terms will affect public order rights, which, as a consumer, you cannot relinquish by contract.
The Service is provided “as is” and Logilys does not grant any guarantees in this respect.
Particularly, Logilys neither declares nor guarantees that:
The use of the Service will answer your needs;
That your use of the Service will be uninterrupted, opportune, secure or exempt from error;
All information that you will obtain by using the Service will be accurate or reliable;
The faults in the function or functionality of all software that will have been provided for the Service will be fixed or corrected.
Subject to the guarantees expressly provided in the present Terms of Use, no guarantee (including any implicit guarantee of quality, particularly for a guarantee for a particular purpose or in compliance with the description) applies to the Service.
14. Limitation of Responsibility
Under these terms, it is expressly understood that Logilys is a host of the content; therefore Logilys has no general obligation of surveillance of the content that is submitted or distributed via the Service.
No term in the present Terms of Use will limit or exclude Logislys' responsibility in case of loss, which cannot be excluded or eliminated by applicable law.
Subject to the general stipulation of article 13 hereinabove, Logilys will not be responsible towards you regarding:
1. Any indirect damage that may be caused, including the loss of profit (be it direct or indirect), any loss of clientele or commercial reputation or any data loss that you may sustain;
2. Any loss of damage that you may sustain following:
The confidence given to the comprehensiveness, accuracy and existence of any advertisement or resulting from any relationship or transaction between you and one of the advertisers or sponsors with advertisement in the Service;
Any change that Logilys may make to the Service by temporarily or permanently deleting the Service (or the functions offered in the Service);
The deletion, damage or defect in the storage of the content and of any other communicated data that was held or transmitted in the Service;
The lack of communication by you to Logilys of the precise information regarding your LogiZone Account;
The distribution of your password or information of your LogiZone Account.
Logilys' limitation of responsibility towards you in article 13 hereinabove apply whether or not Logilys was notified in the eventuality of such losses, and whether or not they should have had the knowledge.
15. General provisions
The present Terms of Use constitute the entirety of the agreement between you and Logilys regarding your use of the Service and replacing in their entirety all previous agreements between you and Logilys regarding the Service. All other terms of use that Logilys, or one of the corporations of its group, will periodically propose are expressly excluded from the present Terms of Use
You accept that Logilys sends you these notifications, including those modifying the present Terms, by email, mail or by distribution on the Website.
You acknowledge that if Logilys neither exercises nor pursues its rights as provided herein (or which Logilys may exercise under an applicable law) it does not constitute a formal renunciation of Logilys' rights, and these rights and remedies remain applicable and valid for Logilys.
If one of the terms of these Terms is deemed null by any tribunal, it will be deleted without effecting the other terms described herein. These Terms remain valid and applicable.
You acknowledge and accept that each member of the group of corporations which belong to Logilys are considered as third-party beneficiaries of these terms and that these other corporations are authorized to directly enforce and base themselves on the terms from which they benefit. With the exception of what has been specified herein, no other person or corporation shall be considered a third-party beneficiary of the present terms.
Quebec law shall govern the present Terms, and your relationship with Logilys pursuant to these Terms. You agree to submit to the exclusive jurisdiction of Quebec, in case of any legal action resulting in the application of these terms. Notwithstanding the foregoing, you acknowledge Logilys may request all conservatory measure or emergency measures, or equivalent injunctions in any country's jurisdiction.
Date of entry into force: May 6th, 2015