Conditions for Use
These terms of use outline the rules and regulations for the use of F3 Sports Canada Inc.’s Website, located at https://isaute.ca/ (the “ Site ”). By accessing, using, downloading, uploading, sending (collectively “ Use ”) this Site we assume you accept these terms of use (the “ Conditions for Use ”). In addition, you acknowledge that you read our Notice About the Protection of Personal Information (the “ Privacy policy ”) and our Notice About Cookies (the “ Cookie Policy ”) concerning how we process your personal information using the Site. Do not continue to use the Site if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms of Use: “ you " and " your ” refer to each Site visitor or user, “ we ”, “ our " and " us ”, refer to F3 Sports Canada Inc. (“iSaute”) and “ Services ” refers to all services provided by us. If you are accessing the Sites on behalf of an organization, you are accepting these Terms of Use for that organization and are representing that you have the authority to bind that organization to these Terms of Use, in which case “you” and “your” will refer to that organization.
Modification of Terms of Use
These Terms of Use come into force on the first date of the update specified at the very beginning of this page and they replace all previous versions. A history of the versions of these Terms of Use may be obtained on request to the contact information mentioned at the end of these Terms of Use. Any litigation resulting from these Terms of Use shall be resolved pursuant to the version in force at the time the litigation occurred.
iSaute may revise these Terms of Use at its discretion at any time. When we make amendments, we will post them on this page for a certain period of time to notify you of them, as well as posting a notice on the Site homepage to the effect that these Terms of Use have been amended. If these amendments are substantial or require your consent, we will also notify you by email if we have your email address. If you do not accept these amended Terms of Use, do not continue to use the Site.
Conditions for Use
You may use the Site only for legitimate purposes. You may not use the Site in a way that breaches any applicable local, national or international legislation or regulations, or which is illegal or fraudulent in any way whatsoever. When using the Sites, you further agree that you will not:
• Use the Sites and App in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
• Use the Site to advertise to or solicit any user;
• Use the Site to resell any products or services unless as authorized under contractual obligations with iSaute;
• Make commercial use of the Site;
• Reproduce, publish, modify, distribute, transfer, and/or sell any content on the Site;
• Knowingly introduce malware or any other prejudicial content or which is technologically harmful;
• Include a link to the Site without our specific written and prior consent;
• Impersonate or attempt to impersonate iSaute or any iSaute employee, another user or entity (including, without limitation, the use of email addresses or screen names associated with or confusingly similar to any of the foregoing);
• Use tools or other methods to extract, mine or gather data from the Site;
• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm iSaute or the users of our Site or expose us or those other users to liability;
• Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites;
• Use the Sites to send harassing or threatening messages to anyone;
• Use any robot, spider or any other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the content of the Site or other material on the Sites;
• Use any manual process to monitor or copy any of the content of the Site without our prior written consent, including as may be granted by these Terms of Use;
• Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
• Attempt to penetrate security measures of the Site or obtain or bypass other users’ passwords;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Sites is stored, or any server, computer or database connected to the Site; and
• Attack the Site via a denial-of-service attack or distributed denial-of-service attack.
You must be at least 14 years old in order to use or place an order on this Site. No person under the age of 18 may use or access this Site without the consent of a parent or guardian.
For Parents / Legal Guardians
By permitting child/minor to Use the Site, you understand and agree that you are entirely responsible for the child’s/minor’s action and Use of the Site. In addition, you understand that the Site may contain content that is inappropriate for children/minor.
Information, Availability and Use
This Site may contain links to Web sites controlled by parties other than us (each a “ Third Party Site ”). We may work with a number of partners and affiliates whose sites are linked with the Site. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services, or use of any Third Party Site, any Website accessed from a Third Party Site, or any changes or updates to such sites. We make no guarantees about the content or quality of the products or services provided by such sites. We are not responsible for webcasting or any other form of transmission received from any Third Party Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that we are not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
WE MAY MODIFY, SUSPEND OR CANCEL ACCESS TO THE SITE WITHOUT PRIOR NOTICE. MISTAKES, INTERRUPTIONS AND DELAYS MAY OCCUR AT ANY TIME IN ACCESSING THE SITE. WE DO NOT ACCEPT ANY RESPONSIBILITY FOR ANY INACCURACY OR OMISSION IN THE INFORMATION, DISRUPTION OF AVAILABILITY OR DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA RESULTING FROM THE DOWNLOADING OF ANY CONTENT FROM THE SITE. WE SHALL IN NO CASE BE LIABLE TO YOU OR TO A THIRD PARTY FOR ANY DIRECT OR PUNITIVE DAMAGES, LOSS OF PROFITS OR INCOME OR FOR ANY OTHER SPECIAL DAMAGES RESULTING FROM THE USE OF THE SITE OR IN CONNECTION WITH ITS USE.
We cannot guarantee that there are no bugs in the Site or that your use of the Site will not damage the device with which you are accessing the Site. You must ensure that you have the equipment and appropriate safety and protection measures against malware before accessing and using the Site.
Applicable Governing Laws
Terms of Use, the Privacy policy and cookie policy [Note BCF: Insert an hyperlink to Privacy Policy] provided in this Site, all as amended from time to time as indicated above (collectively the “ Terms and Conditions ”) apply to your Use of the Site and are governed by the laws of the Province of Quebec and the federal laws of Canada without considering the rules of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms and Conditions or to the transactions contemplated by these Terms and Conditions. To the extent that judicial proceedings are allowed hereunder, any dispute resulting from these Terms and Conditions or related to them shall be subject to the exclusive jurisdiction of the courts located in the Province of Quebec.
Ownership
This Site is owned and operated by iSaute. All right, title, and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, and images (the “ Materials ”) are owned or licensed either by iSaute or by our respective third party authors, developers or vendors. You may download, save and print excerpts from the Site only for your own personal use. You may not publish, retransmit, redistribute, amend, republish or create works derived from all or part of the content of the Site, or use the Site for commercial purposes without our prior written consent. Except for the foregoing, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way, and nothing on this Site shall be construed to confer any license under any of our intellectual property rights, whether by estoppel, implication, or otherwise. See the “Contact Information” below if you have any questions about obtaining such licenses. Any rights not expressly granted herein are reserved by iSaute. We may from time to time permit you to embed certain contents of this Site onto other third party platforms in accordance with these Terms and Conditions. If you do so, you may not modify, build upon, or block any portion of functionality of the content, including links back to the Site. You also agree that we have the right to serve ads and collect information through such embed. You are responsible for your use of this Site and its contents.
Idea Submission
iSaute considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (the " Material ") to be non-confidential and non-proprietary, and iSaute shall not be liable for the disclosure or use of such Material. If, at iSaute's request, any user sends Material to improve the Site (for example through the Forums or to customer support), iSaute will also consider that Material to be non-confidential and non-proprietary and iSaute will not be liable for use or disclosure of the Material. Any communication by you to iSaute is subject to these Terms and Conditions. You hereby grant and agree to grant iSaute, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish, modify, adapt, and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Site, documentation, or any product or service, without compensation, attribution, or accounting to you and without further recourse by you.
You understand and acknowledge that you, not iSaute, have full responsibility for the content of any Material that you submit or contribute, including its legality, reliability, accuracy and appropriateness. Any Material uploaded, expressed or submitted to the Site, other than the content supplied by us, is solely the opinions and responsibility of the person or entity making the Material and does not necessarily reflect the views of iSaute. We are not responsible, or liable to any third party for the content and accuracy of any Material posted by you or any other user of the Site.
Without limiting any of the foregoing, Material must not:
• contain any material which is defamatory, libelous, tortious, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, invasive of another’s privacy or otherwise objectionable;
• contain sexually explicit or pornographic material, including obscene or lewd graphics or photographs;
• promote the exploitation of minors, human trafficking, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person, including without limitation iSaute;
• violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions;
• be likely to deceive any person, including iSaute;
• promote any illegal activity, or advocate, promote or assist any unlawful act;
• cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any person or organization;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization;
• contain personal information that identifies an individual other than you, including any personal information that could identify a minor; and/or
• give the impression that such Material is coming from iSaute or any other person or entity.
iSaute has the right to do one or more of the following:
• remove or refuse to post Material for any or no reason in its sole discretion;
• take any action with respect to Material that it deems necessary or appropriate in its sole discretion if it believes that the Material violates the terms of these Terms and Conditions, infringes any intellectual property right or other right of iSaute or a third party, threatens the personal safety of users of the Site or could create liability for iSaute;
• disclose user identities when required to do so by applicable law, including in response to a law enforcement request where such disclosure is permitted by applicable privacy legislation; and
• terminate your access to all or part of the Site.
You release, waive and hold harmless iSaute from any claims resulting from any action taken by us during or as a result of our investigations and from any actions taken as a consequence of our investigations by either iSaute or law enforcement authorities.
We do not undertake to review any Material or other material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user of the Site or any other third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this paragraph.
USER ACCOUNT
In order to purchase products from our Sites, you are required to complete a purchase by (a) either creating a user account or (b) check outing as a “Guest”. To create a user account, you must provide an email address and create a password. Once your account is created, you can provide additional information such as your preferred credit card payment details, and shipping and billing addresses. It is a condition of your use of your user account that all information you provide in connection with that user account is correct, accurate and complete. You are solely responsible for maintaining the secrecy of your account password. Your account is for your personal use only. You may not authorize others to use your account or transfer your account to any other person. You agree that iSaute is not responsible for another party’s access to your account that results from misappropriation of your log-in details. You agree that you will notify iSaute promptly of any unauthorized access or use of your account via the contact information provided below. You are solely responsible for all uses of your account and any activity performed through it.
We have the right to disable your user account or password and otherwise terminate your right to use your user account and the Site at any time in our sole discretion for no or any reason, including without limitation if in our opinion you have failed to comply with any of the terms of these Terms and Conditions.
Ordering
Placing your Order When you place an order with us (by choosing an item and completing the online order process) we will send you an acknowledgement by email identifying the products you have ordered. Please note that your completion of the online checkout process does not constitute an acceptance of your order. If you cancel your order prior to it being picked up, or if we notify you that we cannot accept your order for a valid reason (e.g. your method of payment is not authorized), then no purchase contract will have been made. We reserve the right to limit the quantity of items that you may buy.
Receiving your Order An order for multiple goods and services may be placed and completed in one transaction. If you purchase merchandise as well as services, your merchandise may be picked up at the time you receive the services purchased. We are not responsible for delivery delays beyond our control. We reserve the right not to ship to certain addresses or post office boxes.
Payment is due at the time of order and must be made by valid credit or debit card, pursuant to any applicable credit card policies. If payment cannot be authorized at the time of order, then your order will not be accepted.
Prices and Sales Tax The prices of all items shown at checkout will show separately, the price of the items, applicable fees and the sales tax at the prevailing rate and you will be informed of the total amount payable for your order. Shipping or postage will be calculated at the time of checkout if applicable.
Identity of Seller The corporate entity that is the seller of your purchased ticket depends on the location where your ticket is retrieved, as follow: Seller ”) depends on where your PO is picked up, as follows:
• Anjou Location: F3 Sports (Anjou) Inc.
• Brossard Location: F3 Sports (Brossard) Inc.
• Kirkland Location: F3 Sports (Kirkland) Inc.
• Laval Location: F3 Sports (Laval) Inc.
• Quebec Location: F3 Sports (Québec) Inc.
Promotional Offers All promotions, contests, discounts or other promotional offers that may be offered from time to time are subject to these Terms of Use and any supplemental terms that we disclose directly to you. We reserve the right to cancel, suspend, terminate, or modify any promotion under appropriate circumstances, with or without notice. If there are any costs, expenses, or taxes associated with your participation and/or the receipt of prizes you will be informed beforehand.
No Refund Carefully review your choice of ticket before submitting and confirming your order. There are no refunds, ruturns or exchanges once you have bought you ticket.
Limited Liability
THE SITE IS SUPPLIED “AS IS.” ACCORDINGLY, WE ARE NOT LIABLE FOR ANY DECLARATIONS, REPRESENTATIONS, WARRANTIES AND CONDITIONS (WHETHER EXPRESS OR IMPLIED, LEGAL OR OTHERWISE) WHICH ARE NOT SPECIFICALLY MENTIONED IN THESE TERMS FOR USE TO THE FULL EXTENT PERMITTED BY LAW AND WE DECLINE ANY IMPLICIT WARRANTY FOR MARKETABILITY, TITLE, NON-INFRINGEMENT AND ADAPTATION FOR A SPECIFIC USE.
YOU AGREE THAT OUR TOTAL LIABILITY FOR ANY CLAIM RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE (INCLUDING AVAILABLE PRODUCTS OR THOSE PURCHASED FROM THE SITE) OR OTHERWISE UNDER THESE CONDITIONS FOR USE, WHETHER SAID LIABILITY IS BY VIRTUE OF A CONTRACT OR OTHERWISE, IS LIMITED TO CDN $25. SOME JURISDICTIONS DO NOT AUTHORIZE THE WAIVER OR LIMITATION OF LIABILITY FOR INDIRECT OR PUNITIVE DAMAGES. ACCORDINGLY, SUCH LIMITATIONS MAY NOT APPLY TO YOU.
Security
iSaute has high level security measures in order to protect you against loss or unauthorized use of customer information held by iSaute "Secure Socket Layers" (SSL) information-transmission technology is used on iSaute’s servers to secure your transactions. When ordering, this secured mode is activated and all information transmitted to iSaute’s server is encoded to protect its integrity and confidentiality during transfer. iSaute ensures its state-of-the-art hardware is always up to date in order to allow secured transactions on the site at any time. iSaute will maintain its security measures updated depending on the inherent risks and will ensure your personal information is used in compliance with its Politique de confidentialité et sa Politique sur les témoins. iSaute s’assurera de prendre toutes les mesures appropriées pour empêcher la divulgation non autorisée, l'utilisation illégale, la perte, la destruction ou la détérioration de vos informations personnelles.
General Provisions
If at any time we do not require compliance with any portion of these Terms and Conditions, we will not be foreclosed from requiring your compliance with these Terms and Conditions in the future and a waiver of any infringement or breach of these Terms and Conditions shall not be a waiver of any subsequent infringement or breach of the application of the provision itself.
If part of these Terms and Conditions should be rejected or ruled to be inapplicable by a court of law or by any other competent organization, the provision in question shall be applied to the extent permitted and the rest of these Terms and Conditions shall not be affected.
We may assign, transfer or sub-contract any of our rights or obligations hereunder to a third party. You shall not assign or transfer your rights or obligations hereunder to a third party without our specific written consent.
These Terms and Conditions are the complete and exclusive agreement between you and us regarding your use of and access to the Site, which can only be amended by a written agreement signed by the authorized representatives of all the parties hereto or as specified above. On termination of these Terms and Conditions, any provision which by reason of its type or specific conditions must survive, shall survive said termination or expiry.
Contacting iSaute
If you have any questions about these Terms of Use, the practices of this website, or your dealings with this website, you can contact us at info@isaute.ca. Also, if you have any questions or additional comments regarding an order, you may contact us at:
F3 Sports Canada / DBA iSaute
CP 79013
RPO des Oiseaux
Laval (Quebec) H7L 5J1
Email: [info@isaute.ca]
Copyright ©2020, F3 Sports Canada Inc., All rights reserved.