Terms and conditions
The Jeunesses Musicales of Canada Foundation WEBSITE www.jmcfondation.com USE AGREEMENT
This version in effect since January, 04 2010.
Welcome to www.jmcfondation.com. Please read this agreement carefully as it governs your use of The Jeunesses Musicales of Canada Foundation website. It exempts company and other persons from liability, or limits their liability, and contains other important provisions that you should read.
This Agreement contains the following provisions:
1. Your Acceptance of this Agreement
2. Permission to Use the Website
3. Changes to this Agreement
4. Ownership and Permitted Use of the Website
5. Misprints and Errors
6. Trademark Information
7. No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
8. Contests
9. Your Information
10. Disclaimers, Liability Exclusions/Limitations and Indemnity
11. Personal Information Privacy
12. Other Sites/Resources
13. Termination
14. Governing Law and Dispute Resolution
15. Reimbursements
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you, and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity), and the Jeunesses Musicales of Canada Foundation regarding your access to and use of the website and all content, information, products and services available on or through the website (collectively, the "Website"). This Agreement also provides benefits to Jeunesses Musicales of Canada Foundation affiliates, service providers, suppliers and other persons.
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice, recommendations or an offer to sell any product or service.
This Agreement is in addition to any other agreement you may have with the Jeunesses Musicales of Canada Foundation, including a transaction agreement.
2. PERMISSION TO USE THE WEBSITE
User access to and use of this Website is subject to all applicable international, federal and local laws and regulations. By accessing the Website, users agree not to use the Website for any purpose that is unlawful or prohibited by this Agreement.
The Jeunesses Musicales of Canada Foundation reserves the right to request proof of identification and age.
3. CHANGES TO THIS AGREEMENT
The Jeunesses Musicales of Canada Foundation may, in its sole discretion, change this Agreement from time to time, as it relates to future use of the Website, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
4. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The Website (including all content, page headers, custom graphics, button icons, scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data and other elements available on or through the Website) is the property of The Jeunesses Musicales of Canada Foundation and others, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and that you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of The Jeunesses Musicales of Canada Foundation.
5. MISPRINTS AND ERRORS
The Jeunesses Musicales of Canada Foundation endeavors to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions the Jeunesses Musicales of Canada Foundation does not warrant that the content of the Website including,without limitation or photographs, is accurate or complete.
The Jeunesses Musicales of Canada Foundation reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time any content without any notice or liability to you or any other person.
6. TRADE-MARK INFORMATION
The Jeunesses Musicales of Canada Foundation and the Jeunesses Musicales of Canada Foundation logo and other names and logos appearing on or in connection with Website (the "Marks") are registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by the Jeunesses Musicales of Canada Foundation or their respective owners or licensees.
Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of the Marks.
7. NO LINKING, FRAMING, MIRRORING, SCRAPING, data-MINING OR POSTINGS
Links to the Website without the express written permission of the Jeunesses Musicales of Canada Foundation are strictly prohibited. To request permission to link to the Website, please send an email to info@jmcanada.ca .The Jeunesses Musicales of Canada Foundation may, in its discretion, cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
8. CONTESTS
From time to time the Jeunesses Musicales of Canada Foundation may make contests available to users of the Website and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
9. YOUR INFORMATION
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates) and transaction-related information must be true, accurate, current and complete. The Jeunesses Musicales of Canada Foundation will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, the Jeunesses Musicales of Canada Foundation or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
10. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
· Disclaimers
Your access to and use of the Website is at your own risk. The Website is provided on an “as is” basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by the Jeunesses Musicales of Canada Foundation to the fullest extent permitted by law.
· Liability exclusions
The Jeunesses Musicales of Canada Foundation and its providers will never 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 or this Agreement, including but not limited 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 faults or wrongdoing (including without limitation gross negligence and fundamental breach) by the Jeunesses Musicales of Canada Foundation, or any person for whom the Jeunesses Musicales of Canada Foundation is responsible, and even if the Jeunesses Musicales of Canada Foundation has been advised of the possibility of such loss or damage being incurred.
· Acknowledgement and exclusion by statute in certain jurisdictions
The exclusion of certain warranties and the limitation of certain liabilities are prohibited in some jurisdictions. These statutory prohibitions may apply to you.
11. PERSONAL INFORMATION PRIVACY
The Jeunesses Musicales of Canada Foundation collects, uses and discloses personal information in accordance with its Privacy Policy [ajouter l’hyperlien] which may be changed from time to time by the Jeunesses Musicales of Canada Foundation, in its discretion, without any notice or liability to you or any other person, by making an amended Privacy Policy accessible through the Website. By accepting this Agreement, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by the Jeunesses Musicales of Canada Foundation in accordance with the Privacy Policy as it then reads.
12. OTHER SITES/RESOURCES
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from the Jeunesses Musicales of Canada Foundation, and the Jeunesses Musicales of Canada Foundation has no responsibility or liability for or control over Other Sites, their business, goods, services or content. The Jeunesses Musicales of Canada Foundation does not sponsor or endorse Other Sites or their business, goods, services or content unless expressly indicated in writing. Your use of Other Sites and your dealings with their owners or operators is at your own risk, and you will not make any claim against the Jeunesses Musicales of Canada Foundation arising from, connected with or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and the Jeunesses Musicales of Canada Foundation, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
13. TERMINATION
Notwithstanding any other provision of this Agreement, the Jeunesses Musicales of Canada Foundation may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. The Jeunesses Musicales of Canada Foundation may in its discretion and for its convenience, at any time, immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.
If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then existing agreements between you and the Jeunesses Musicales of Canada Foundation will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
14. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of Quebec and the applicable federal laws of Canada. Any dispute between you and the Jeunesses Musicales of Canada Foundation or any other person arising from, connected with or relating to the Website, this Agreement or any related matters (collectively "Disputes") will be resolved before the Courts of Quebec, sitting in the City of Montreal. You hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
15. REIMBURSEMENTS
All donations are final. No refund or reimbursement will be granted.
At the Jeunesses Musicales of Canada Foundation, making an online donation is a completely secure process. All of the personal information you provide, as well as your credit card information, undergoes a strong encryption process that ensures the confidentiality of your data. It is therefore practically impossible for a third party to intercept, alter, or decode the information as it is submitted electronically.
The Jeunesses Musicales of Canada Foundation complies with SSL (Secure Socket Layer) encryption standards, under which transaction information will always be transmitted securely. In addition, your donation will be made directly through Moneris Solutions, a highly secure service.
The Jeunesses Musicales of Canada Foundation does not save any credit card information provided during transactions. You will therefore be required to provide this information again each time you make a new transaction.
Whereas, donors cannot physically present their credit card when making a donation by Internet or by telephone and that it is therefore impossible to make a mechanical impression or take a reading of the magnetic strip;
Whereas, for this reason, donors can claim that they have never pledged to make a donation in any way, or that they are the victims of error, irregularity, or malice on the part of an outside party;
Whereas, it is impossible to prove beyond any doubt that the donor truly had the intention of making a donation by means of his or her credit card;
Whereas, it is easy for the donor to have the wrongly debited amount reimbursed by the bank that issued his or her credit card;
It is agreed that:
All requests for the reimbursement of a donation made in an irregular manner by credit card must be made in writing in the 30 days following. The donor is asked to explain the reasons for the reimbursement request and to include a copy of the statement showing the wrongly charged amount. The donor has the right to censor all information that does not relate to the claim. However, the donor’s name, address, credit card number, and all other information relating to the contested transaction must be clearly visible.
Once the written request has been received, the Jeunesses Musicales of Canada Foundation will proceed with the checking of the provided documents, will make sure that they are in concordance with its records, and will verify that the transaction amount has not been previously contested.
Following this verification, the Jeunesses Musicales of Canada Foundation will credit the wrongly charged amount to the same credit card account that was used to make the initial donation, within a maximum of 10 business days.
Finally, the Jeunesses Musicales of Canada Foundation will make the necessary changes in its records to cancel any tax receipt that was to be issued for the donation in question.
16. Delivery
Electronic receipts are sent via e-mail at the address provided by the user.
17. OTHER MATTERS
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect. This Agreement inures to the benefit of and is binding upon each of the Jeunesses Musicales of Canada Foundation and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. The Jeunesses Musicales of Canada Foundation may assign this Agreement and its rights and obligations under this Agreement without your consent. 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: (a) 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; or (b) effective unless in writing and signed by all parties.
Any rights not expressly granted by this Agreement are reserved to the Jeunesses Musicales of Canada Foundation.
You may contact the Jeunesses Musicales of Canada Foundation by telephone or email:
Secrétariat national
305, avenue du Mont-Royal Est
Montréal (Québec) H2T 1P8
Canada
Téléphone : 514 845-4108
Télécopieur : 514 845-8241
Courriel : info@jmcanada.ca