Terms of Service

Last Update on: November 2020

Welcome to the website www.unicelarchitectural.com (the “Site”) of Unicel Architectural Corp. (“Unicel Architectural”).

Before using the services provided for therein, it is imperative to read carefully the following general conditions of use (the “Terms of Use”), which set out the legally binding terms and conditions for the use of the Site and its content.

1.0 General

1.1   Concerned Persons – The Terms of use apply to any person who accesses or uses the Site (the “User”), regardless of the intermediaries or means used to access or use it.

1.2   Consent – The User who accesses the Site and uses the services provided for therein acknowledges having read the Terms of Use and accepts them. The User who does not accept the Terms of Use must immediately leave the Site and does not have the right to access, view or download its content or otherwise use the Site and its features.

1.3   Modification – Unicel Architectural reserves the right to modify, in its sole discretion, the Terms of Use or parts of the Terms of Use at any time. Any modification shall take effect upon its publication. In this sense, it is the responsibility of the User to consult the Terms of Use to check if any changes have been made, and this, before each use of the Site.

2.0 Confidentiality and Personal Data

2.1   Personal Data – Personal data is defined as information that concerns the User and allows the User to be identified (the “Personal Data”).

2.2   Protection of Personal Data – Unicel Architectural is committed to respect the privacy of the User and to collect, process, store and protect the Personal Data in accordance with the applicable laws of Canada and the province of Quebec. Unicel Architectural undertakes not to disseminate, exchange, transmit, sell or otherwise communicate Personal Data to third parties, unless it has obtained the prior consent of the User or the laws of Canada or the province of Quebec so require.

3.0 Use of the Site

3.1   Compliance with the Terms of Use – As long as the User accepts and complies with the Terms of Use, Unicel Architectural grants him the right to access and use the Site, it being understood that such a right is non-transferable and purely personal to the User.

3.2   Respect for the Navigation Structure – The User must respect the navigation structure of the Site. In this sense, it is strictly forbidden to use any technological or automated means, such as programs, processes, links or any other equivalent method, in order to circumvent the navigation structure of the Site or in order to try to obtain information, data or any other content than those that are easily accessible while respecting the navigation structure of the Site.

3.3   Prohibitions – It is strictly prohibited, by any means or process and for any purpose whatsoever, to:

(i) test or evaluate weaknesses in the Site, part of the Site or any network connected to the Site;

(ii) attempt to access any unauthorized part or feature of the Site, or any network connected to the Site;

(iii) attempt to interfere with the proper functioning of the Site or its content and any network connected to the Site;

(iv) attempt to modify the content, information and functionality of the Site;

3.4   Data Theft – It is strictly prohibited to attempt to obtain, by any means and for any purpose whatsoever, the information and Personal Data about other Users or visitors to the Site, regardless of the nature of such information or Personal Data.

4.0 Products, Services and Functionality

4.1   Product Availability – The availability of products, features or services displayed on the Site may vary.

4.2   Accessibility – Certain features, products or services that are referred to, referenced, provided or offered through the Site or by its intermediaries are not accessible to all persons or locations, or are not available for use outside of Canada or the province of Quebec.

5.0 Intellectual Property Rights

5.1   Intellectual Property – This Site and all of its contents, including, but not limited to, all text, titles, characters, names, images, graphic illustrations, logos, videos, sounds, computer codes, interfaces and icon buttons (collectively, the “Intellectual Content”), including the structure and presentation of the Intellectual Content on the Site, are the exclusive property of Unicel Architectural, its subsidiaries, related entities or third parties that have granted the appropriate licenses.

5.2   Protection – Intellectual Content is protected by, among other things, the Copyright Act, the Trademarks Act, the Industrial Design Act and all other applicable intellectual property laws of Canada.

5.3   Prohibited Uses – Except as otherwise provided in the Terms of Use or as previously authorized in writing by Unicel Architectural, no Intellectual Content may be reproduced, copied, published, distributed, downloaded, displayed, sold or otherwise used, by any means, method or process or for any purpose whatsoever.

5.4   Authorized Uses – The User may, for strictly personal and non-commercial use, use the Intellectual Content to the extent that:

(i) the User does not remove the copyright, trademark or other intellectual property rights;

(ii) the User does not copy, publish or reproduce the Intellectual Content on a computer or other device connected to a public network;

(iii) the User does not broadcast the Intellectual Content in any media whatsoever.

6.0 Cookies

6.1   Definition – Cookies are files placed on the User’s hard drive or web browser when visiting the Site and which can be recognized when the User accesses it again. Cookies are intended to personalize the use of the Site and do not store Personal Data.

6.2   Browser – The use of Cookies may be blocked on the majority of web browsers. Most browsers also offer the ability to delete Cookies from a hard drive.

6.3   Acceptance – The User who accesses the Site and uses the services provided for therein is deemed to accept the use of Cookies.

7.0 Sites and Third Party Links

7.1   Linked Resources – The Site may contain links to sites or other resources of third parties and sites or other resources of third parties may contain links to this Site (collectively, the “Linked Resources”).

7.2   Liability – The User who decides to access or use a Linked Resource does so of his own free will. Thus, Unicel Architectural is not responsible for the Linked Resources or their content, including, but not limited to, the availability of the products or services offered, advertisements or descriptions of such products or services or other information on the Linked Resources. Unicel Architectural cannot be held liable to the User for damages and other losses caused by the content or use of the Linked Resources.

7.3   No Warranty and No Endorsement – The sole presence of links to Linked Resources does not imply that Unicel Architectural approves or endorses the content offered on the Linked Resources or the content to which they provide access. Thus, Unicel Architectural does not guarantee the accuracy, validity, veracity or reliability of the information, content or material found on the Linked Resources.

8.0 Disclaimer

8.1   No Warranty – The Site is provided “as is” and without any representations or warranties of any kind as to the accuracy or reliability of the information, materials, data and other content on the Site or as to any errors and omissions it may contain.

8.2   Disclaimer of Unicel Architectural – Unicel Architectural and its subsidiaries, related companies, licensors, and its directors, officers, shareholders, employees and agents are not liable for any damages or other losses that may be caused by the Site or its use, including, but not limited to, damages and other losses arising directly or indirectly from :

(i) any errors, omissions, modifications or defects in the content of the Site or in the features available on it;

(ii) any downloading, transfer, distribution, publication, reproduction or any other use of the content or features available on the Site;

(iii) any error, defect, delay in operation or transmission, computer virus, worms or computer programs for destructive or intrusive purposes or any other failure of a computer system or any other information processing system obeying programs; or

(iv) any theft, destruction or interception of Personal Data.

9.0 Compensation

9.1   General – The User agrees to indemnify Unicel Architectural, its subsidiaries and related companies, as well as its directors, officers, shareholders, employees and agents, for all legal or administrative proceedings brought against Unicel Architectural by any third party due to the User’s use of the Site, including judicial and extrajudicial disbursements.

10.0 Limitation of Use

10.1   Prohibition or Suspension of Use – Unicel Architectural reserves the right to prohibit, suspend or otherwise limit access to or use of the Site or any part of the Site, to any User, for any reason, at any time and in its sole discretion.

10.2   Continuity of the Terms of Use – Notwithstanding the prohibition, suspension or limitation of access to or use of the Site, the User remains bound by the stipulations contained in the Terms of Use.

11.0 Applicable Law

11.1   General – Unicel Architectural administers and operates the Site from its establishments located in the province of Quebec and it is understood that access to and use of the Site are intended for Users residing in Canada.

11.2   Laws of Canada and the Province of Quebec – The User acknowledges and agrees that the Site and all matters relating thereto are governed by the regulations and laws of Canada and the Province of Quebec.

11.3   Foreign User – The User who chooses to access the Site from locations other than Canada does so of his own free will and is responsible for complying with the applicable legislation of Canada and the Province of Quebec.

11.4   Competent Courts – The User acknowledges and agrees that the courts of the district of Longueuil, in the province of Quebec, are competent to hear any proceeding, demand or action brought against Unicel Architectural arising from access to or use of the Site.

12.0 Update

12.1   Last Update – The last update of the Conditions of use was done in November 2020.