Terms of use

Important legal notice

By using the Shopboom website, mobile application, transactional pages, products or related services (collectively, the “Platform”), you agree to abide by these Terms of Use and the Privacy Policy, which may be modified without notice. In addition, you agree to review these Terms of Use and the Privacy Policy from time to time and acknowledge that your continued use of the Platform means that you have agreed to any changes that may have been made. This is the official English version of the Terms of Use and Privacy Policy.

For the purposes herein, the terms “Shopboom”, “we”, “us” and “our” refer to the www.shopboom.ca web platform. The company is located at 3225 de L’Industrie suite A-201, Saint-Mathieu-de-Beloeil, Quebec J3G 0J8.

Warranty

We strive to ensure that the information on the Platform is reliable when published. Despite our best efforts, we cannot guarantee that the information is accurate or complete, free from error or omission, or that it is up to date at all times. We cannot guarantee that the Platform will be accessible at all times, without interruption or error. We accept no liability for damages that may result from inaccessibility of the Platform or difficulties that you may experience while accessing the Platform, including service interruption, network failure, hardware, computer, software or other malfunction, or any defective, incomplete, incomprehensible or deleted transmission, whether or not such difficulties have been brought to our attention. In general, without restricting the specific limitation of liability mentioned above, and notwithstanding anything to the contrary, we accept no liability for any damages that may result from or relate to the Platform or its content.

Suspension and termination

We reserve the right to suspend, at any time, without warning, full or partial access to the Platform, including any portion of the transactional pages or pages accessible through certain social media websites or our services. In addition, we reserve the right to stop transferring information to such sites, in which case we will not be liable for any damages you may suffer. All information on the Platform is subject to change without notice.

Hyperlinks

The Platform contains hyperlinks that may direct you to the websites of our service providers or third parties (including merchants). The Platform’s offering of links to other websites does not imply our endorsement or approval of their content or the products, services or publications that may appear on them. Content available through these hyperlinks is not subject to our policies. Therefore, we assume no liability for any damages you may suffer when you are redirected to another website by means of a hyperlink.

Use of the Platform

The Platform and Services are made available to you and provided exclusively for your personal and non-commercial use. You may not use the Platform that competes with Shopboom’s activities.

You are prohibited, and you agree to refrain from transmitting any inappropriate, obscene or fraudulent information to the Platform. You are prohibited, and you agree to refrain from engaging in any activity related to the use of the Platform that constitutes a criminal offence or an unlawful act.

You must not use on the Platform any form of destructive software such as viruses, worms, Trojan horses, time bombs, message-cancelling robots, or other harmful elements, files, programs, or computer code designed to interrupt, destroy or limit the operation of the Platform. You may not attempt to gain unauthorized access to the Platform, other computer systems or networks connected to the Platform, by password extraction or other means; interfere with or disrupt networks or servers connected to the Platform or violate the regulations, policies or procedures of such networks; and use, download or otherwise copy, or provide to a person or entity, the user directory or other user information, or data on the use or any portion thereof for purposes other than those used for the Platform.

You understand and agree that you are responsible for maintaining the confidentiality of the passwords associated with your account. You agree that you will be solely responsible for activities undertaken through your account. If you become aware of any unauthorized activity, you agree to immediately notify Shopboom at the following email address: info@shopboom.ca or by telephone, via 450-339-4493.

Indemnification

You agree to indemnify us for any damage and all causes of action arising out of any act or inaction on your part relating to your use of the Platform in violation of this Agreement. We assume no responsibility or liability for any unlawful content, transmissions or uploads by a user.

Disclaimer of liability

You acknowledge that you use the Platform and rely on it at your own risk. To the extent permitted by law, we make no warranty of any kind with respect to the Platform, everything provided “AS IS”. THE PARTIES EXPRESSLY EXCLUDE ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS THOSE ARISING FROM ANY APPLICABLE LAW, OR OTHERWISE UNDER THE CONTRACT OR NORMAL COURSE OF BUSINESS. WE DO NOT WARRANT THAT THE PLATFORM WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE.

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT SHOPBOOM SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, PUNITIVE, OR OTHER DAMAGES (INCLUDING, IN PARTICULAR, DAMAGES FOR COMMERCIAL INJURY, LOSS OF INFORMATION, PROGRAMS OR DATA, LOST PROFITS, ECONOMIC LOSSES) ARISING FROM THE USE OF THE PLATFORM, OR ANY CONTENT PROVIDED, FROM A THIRD-PARTY WEBSITE, OR ARISING FROM THE INABILITY TO USE THE PLATFORM OR TO ACCESS IT, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, OR THAT SUCH DAMAGE OR SUCH LOSS IS REASONABLY FORECAST.

In any case, you acknowledge that the total and cumulative liability of Shopboom with respect to such damages is limited to $100 Canadian.

IT Security

We respect applicable law governing the protection of personal information. In addition, we use encryption techniques to ensure the confidentiality of information exchanged between you and Shopboom on transactional pages. We also protect information exchanged when accessing the Platform through an unprotected platform or in a public place that could compromise the confidentiality of your personal information.. However, we assume no liability for any damages you may suffer as a result of your access to the Platform in such circumstances.

Email communications are neither protected nor confidential. They may be lost or intercepted, as could be communications made by other means (e.g. by regular mail). No electronic system is perfectly protected or error-free. We assume no liability for any damages you may suffer as a result of using the Platform or exchanging emails or electronic messages, from you or to you.

It is your sole responsibility to protect and safeguard your data when using your computer devices and platforms.

Trademarks and intellectual property

All web content (including text, illustrations, graphics, images, photographs, audio and video clips, software and codes available on the Platform (collectively, the “Content”), including the manner in which the Content is presented, is protected by Canadian and foreign laws, including copyright law, and is owned by Shopboom. You may not: i) use, reproduce, modify, adapt, translate, download or transmit the Content in whole or in part or otherwise allow access to it; (ii) modify, remove or cover any trademark or property notice included in or on the Content or Platform; and/or ii) decompile, disassemble, decrypt, extract or reverse engineer the Platform or its components, including but not limited to software, or assist anyone else in doing any of the foregoing.

Certain names, words, titles, phrases, graphic elements, logos, icons or designs used on the Platform may be trademarks owned by Shopboom members or other service providers and/or used with the consent of third-party owners. You agree not to remove, edit or otherwise modify the trademarks, service marks, logos and other proprietary information appearing on the Platform. You may not reproduce, in whole or in part, or otherwise use the Trademarks and information contained on the Platform, including user comments, without our prior written consent.

Social Media Websites

Some Platform pages can be accessed through the following social media websites: Facebook, Twitter, YouTube and LinkedIn. Before you view or use our web pages on these social media websites, you must read and comply with their terms of use and privacy policy.

Applicable law

These Terms of Use are governed by the laws applicable in the province of Quebec and the applicable laws of Canada, without regard to conflict of laws. You hereby acknowledge that any dispute arising out of or relating to the use of the Platform will be subject to the jurisdiction of the Quebec courts of the District of Montreal.

Entire agreement

These Terms of Use constitute the entire agreement between the parties as to their purpose and supersede any prior agreement, representation, warranty or understanding, whether oral or written, express or implied, in this regard. If one or more provisions of these Terms of Use are declared unenforceable by a court of competent jurisdiction, you and we agree to remove this unenforceable portion and implement the remainder of these Terms of Use.

Successors

These Terms of Use are binding upon Shopboom and you and our respective heirs, agents, legal representatives, assignees, successors (including any successors resulting from a merger or other statutory arrangement), assigns and respective assigns.

Assignment

You may not assign or transfer your rights and obligations hereunder without the prior written consent of Shopboom, which consent may be withheld at the sole discretion of Shopboom.

Mobile application

By installing the Shopboom Platform and Services, you consent to the activation of the Platform by Shopboom, a company located at 3225 de L’industrie suite A-201, Saint-Mathieu-de-Beloeil, Quebec J3G 0J8 and any updates and future improvements. You may withdraw your consent at any time by uninstalling the Platform from your device. To request support, contact Shopboom at info@shopboom.ca

You acknowledge and understand that the Platform (including any updates and improvements) (i) will ensure that your device will automatically communicate with our servers to provide the features and services (as described on the platform where you download the mobile application, such as iTunes or Google Play), (ii) will affect your preferences for mobile applications or information stored on your device, and (iii) will collect personal information, as more fully described in our Privacy Policy. Your telecommunications service providers may charge data fees when you use the Platform and our Services, or data fees when you update the Platform and our Services if you have not restricted downloading to wireless Internet connections.