Terms of service

TERMS AND CONDITIONS

Last update: December 13th, 2021

Welcome to the Website sweetsixteen.ca (the "Website") which Confiserie Mondoux Inc., whose head office is located at 1610, place de Lierre, Laval, Quebec, H7G 4GX ("Mondoux") owns and operates. These terms and conditions (the "Terms and Conditions") constitute a legally binding agreement between you and Mondoux pertaining to the access to and the use of the Website. Please read these Terms and Conditions carefully before using the Website.

Mondoux's contact information is as follows:

By accessing the Website and using any of its features, you agree to be bound by these Terms and Conditions as well as our Privacy Policy, which forms an integral part of these Terms and Conditions.

If you do not agree with these Terms and Conditions or the Privacy Policy, please do not use the Website. Mondoux reserves the right to modify, supplement, delete or update the Terms and Conditions (or any part thereof) at any time and without notice, at its sole discretion.

The Website is also a platform through which you can purchase products and services offered by Mondoux (individually a "product" and collectively the "products"). The Terms and Conditions constitute a legally binding agreement between you, who have previously registered on the online shopping platform, whose contact information are those which you have entered in the registration form and which appear in the summary of your online order (the "Order Summary"), a copy of which is sent to you by email by Mondoux (the "Confirmation"), and Mondoux, regarding the online sale of products, by which you purchase the products listed in the Order Summary (the "Contract").

The terms "we", "our" and "ours" as used in these Terms and Conditions shall mean, collectively, Mondoux and its affiliates, subsidiaries, divisions, successors and assigns and their respective employees, agents and representatives.

1. USE OF THE SITE

1.1 Features. The Website allows you to view product offerings, purchase certain food and other products, share your impressions of products, and to view comments issued by other users in relation to products they have purchased, among other features.

1.2 Access and use. Mondoux grants you a limited, non-exclusive, non-transferable right to access and use the Website for lawful purposes in accordance with the Terms and Conditions.

1.3 Restrictions. You are prohibited from (i) using the Website for any purpose other than as set forth in these Terms and Conditions, (ii) copying, distributing or disclosing any portion of the Website in/on any medium whatsoever, including through any automated or non-automated web scraping tools or technique, (iii) using any automated system, including robots, spiders and offline readers to access the Website, (iv) transmitting, via the Website, spam or other unsolicited content, (v) attempting to interfere with, compromising the integrity or security of, or disrupting any transmission to or from the servers running the Website, (vi) taking any action that in our sole discretion imposes or may impose an unreasonable or disproportionately large load on the Website's infrastructure, (vii) uploading or downloading invalid data, viruses, worms, or other malicious software through the Website (viii) collecting, extracting or retrieving, or attempting to do so, any personal information from the Website, (ix) impersonating any person or misrepresenting your affiliation with a person or entity, committing fraud, concealing or attempting to conceal your identity, (x) interfering with the proper functioning of the Website, (xi) accessing any content on the Website through any technology or means not provided or authorized by the Website (xii) circumventing any measures Mondoux may use to prevent or restrict access to the Website, including features that prevent or restrict the use or copying of any content or apply restrictions to the use of the Website or its content, (xiii) modifying, disassembling, decompiling, do reverse engineering, adapting or creating derivative works from the Website, or (xiv) using the Website in violation of any applicable law or regulation.

1.4 Investigation and prosecution. Mondoux reserves the right to investigate any violation of these Terms and Conditions and to take appropriate action to the fullest extent permitted by any applicable law or regulation. You acknowledge that Mondoux has the right to enforce compliance with these Terms and Conditions, applicable laws, court orders and governmental requirements. In the event of a breach of these Terms and Conditions, Mondoux has the right, at any time and without notice, to terminate your access or use of the Website.

2. USE BY MINORS PROHIBITED

The Website is intended for adults only. If you are 13 years of age or older, but under the age of majority in the jurisdiction in which you reside, please review these Terms and Conditions with your parent or guardian. If you use the Website, you represent and warrant that you are of legal age to enter into a purchase agreement through the Website and be bound by the Terms and Conditions. Mondoux does not knowingly collect any information from children 13 years of age or younger.

3. ELECTRONIC COMMUNICATIONS

When you provide Mondoux with your email address through the Website, you expressly consent for Mondoux to keep your email address in its databases or to use it in its mailing lists in order to communicate with you to (i) validate certain information relating to your account (ii) keep you informed of the status of your account on the Website (iii) conduct surveys or verifications of the Website, including its functionality, user-friendliness, and your appreciation of it (iv) notify you of benefits or promotions offered on the Website, or (v) for any other purpose relating to the Website or user safety.

4. USER ACCOUNT

4.1 Account creation. Some features of the Website require the creation of a user account. When creating a user account, you agree to provide Mondoux with true and complete information about yourself as required by the registration process, and to update such information as necessary to keep it accurate and up to date. You must also choose a unique and secure password. Mondoux reserves the right, at its sole discretion, to refuse to provide services, to terminate accounts or to cancel orders for any reason, including for the violation of the Terms and Conditions.

4.2 Account liability. You are entirely responsible for ensuring and maintaining the confidentiality of your password and username and for restricting access to your account. In addition, you are fully liable for all activities that occur on or from your account or as a result of the use of your password. You agree to immediately notify Mondoux of any unauthorized activity that occurs on your account or any other security incident.

4.3 Account security. Although we use security measures to protect your personal information, we cannot guarantee that unauthorized third parties will never be able to defeat the Website's security measures or misuse personal information. You acknowledge that you provide your personal information at your own risk.

4.4 Mondoux's liability. To the extent permitted by law, Mondoux cannot be held liable for any loss or damage, including loss of data associated with your account, that you may incur as a result of someone else using your password or username, or your account, with or without your consent. You may also be held liable for losses incurred by Mondoux or a third party due to someone else using your account, username or password.

4.5 Use of other accounts. You are prohibited from using another person's account at any time, except with the permission of the account holder as their authorized agent.

4.6 Account Termination. Mondoux reserves the right, at its sole discretion, to terminate, close or delete any account that is no longer necessary.

5. PURCHASE OF PRODUCTS

5.1 Purchase. Products may be purchased in either of the following ways: (i) purchase of products for on-demand delivery or (ii) subscription plan at a determined frequency.

5.2 Purchase Order. For any purchase of products, you must submit a purchase order using our standard order form made available to you via the Website ("Purchase Order").

5.3 Formation of the sales Contract. The Contract is formed on the date and at the time we send you the Confirmation to the email address you provided when you created your user account. The Confirmation will also include information regarding the time and place of receipt of your order.

5.4 Data encryption. You agree that your data (excluding credit card information) may be transferred without encryption and may involve transmissions over different networks, as well as modifications to conform and adapt to technical requirements of networks or devices connection.

5.5 Acceptance, modification or refusal of Mondoux

5.5.1 Acceptance. Mondoux will send you the Confirmation within ten (10) business days following the receipt of your acceptance of the Order Summary and payment for the products listed therein. You and Mondoux will be bound by the Order Summary at the time Mondoux sends you the Confirmation.

5.5.2 Modification. Mondoux reserves the right to propose modifications to the Order Summary by sending you an amended proposal by email, which you may accept or reject, according to the acceptance and rejection procedures set forth in the email.

5.5.3 Refusal. Mondoux may refuse any Purchase Order for any reason whatsoever, at its sole discretion and without explanation by means of an email to that effect.

6. PRICING AND PAYMENT TERMS

6.1 Price. The sale price is the one displayed in the Order Summary and is due upon acceptance of the Order Summary. To proceed with your payment, you will be redirected to the external Shopify transaction platform. You will be subject to the terms and conditions of this external platform.

6.2 Currency. Unless otherwise indicated, all product prices displayed on the Website are in Canadian dollars.

6.3 Payment and taxes. Mondoux will require full payment for the products ordered upon acceptance of the Order Summary. Unless otherwise indicated, product prices listed on the Website do not include shipping and handling charges and applicable federal or provincial sales taxes. Shipping and handling charges and taxes will be listed separately in the Order Summary.

6.4 Payment method. Mondoux only accepts credit card payments in accordance with the terms and conditions required by the external transaction platform Shopify.

6.5 Invoice and receipt. A payment receipt will be sent to you by email with the Confirmation.

6.6 Pricing errors. While we try and ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of the products you have ordered after you have accepted the Order Summary, we will notify you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you after ten (10) business days, we will cancel your order and refund all fees paid in connection with any order so cancelled.

7. DELIVERY

7.1 Delivery. Mondoux will deliver the products ordered to you in accordance with the delivery method and location indicated in the Confirmation. All delivery times provided are estimates and Mondoux is not responsible for any damages or costs resulting from any delay in delivery. You agree that you will be able to receive the products at the delivery location indicated in the Confirmation.

7.2 Principal obligation. Mondoux's principal obligation will be deemed to have been performed if Mondoux has attempted to perform it on the date specified in the Confirmation, on a later date agreed in writing by the parties, or on the date specified in a notice sent to you within a reasonable time, but has been prevented from doing so by your actions or negligence.

7.3 Risk of loss. Mondoux will be responsible for any damage, loss or defect in the products until they are delivered to you, after which you will be solely responsible. All products purchased from Mondoux are delivered to you by a third-party delivery service under a shipping contract.

7.4 Food products. You acknowledge the perishable nature of the products. Following delivery, it is your sole responsibility to ensure that you consume the products before the expiration date indicated on each product, if any, and to store the products in a suitable environment and at moderate temperatures not likely to alter the quality of the products.

8. SUBSCRIPTION PLAN (WHEN AVAILABLE)

8.1 Subscription. The Website may provide for the purchase of subscription plans for products at a determined frequency (the "Subscription Plan").

8.2 Payment. When you select the Subscription Plan, you agree that Mondoux (or a third-party payment processor authorized by Mondoux, including Shopify) is authorized to charge your credit card for (i) a recurring subscription minimum fee (in accordance with the frequency and options selected upon your acceptance of the Order Summary) and (ii) shipping and handling charges and applicable taxes that may apply to your order, based on our pricing model, described in the Order Summary. You also agree that Mondoux is authorized to charge your credit card at the frequency indicated in the Order Summary until your Subscription Plan is cancelled or terminated.

8.3 Suspension or cancellation of subscription. If you wish to suspend for a specific period of time or cancel your Subscription Plan, you must notify us by sending an email indicating the duration of the suspension or cancellation of the Subscription Plan to serviceclient@mondoux.ca no later than five (5) business days prior to the scheduled delivery date of the products covered by the Subscription Plan. If you fail to notify us in accordance with this paragraph, you will receive the products covered by your Subscription Plan as scheduled and your credit card will be charged accordingly.

9. ERRORS OR DEFECTS

9.1 Product errors or quality defects. In the event of an error due to Mondoux or a problem with the quality of a product, please contact us at info@mondoux.ca within five (5) days following the receipt of the products and explain the defect(s). Mondoux will send you replacement products within a reasonable period of time following receipt of your email under this paragraph.

9.2 Returns and exchanges. With the exception of the replacement procedure described in the previous paragraph, Mondoux will not accept any returns or exchange any products.

10. PRODUCT INFORMATION AND AVAILABILITY

10.1 Colors and images. Mondoux uses commercially reasonable efforts to display colors and images of the products on the Website as accurately as possible. However, Mondoux cannot guarantee that the display of a color on your computer screen will be consistent or that the product you receive will be identical than the one shown on the Website.

10.2 Changes to prices and products. The prices of our products are subject to change without prior notice. Mondoux reserves the right, at any time, to modify, replace or discontinue the sale of any product offered on the Website without prior notice.

10.3 Limitations and interruption. Mondoux reserves the right to limit product sales to any person, geographic area or jurisdiction. Mondoux may exercise this right at its sole discretion. In addition, Mondoux reserves the right to limit the quantities of any product offered through the Website. All product descriptions and prices posted on the Website are subject to change without prior notice, at Mondoux's sole discretion. Mondoux reserves the right to interrupt or suspend the sale of any product, at any time. Mondoux may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order, including orders placed by or under the same customer account, the same credit card or orders using the same billing or shipping address. If Mondoux is unable to deliver a product you have ordered because it is unavailable, Mondoux will notify you by email and your order will automatically be cancelled with respect to the unavailable product; however, Mondoux may, at its sole discretion, communicate with you to enable you to maintain your order subject to a revised delivery time if the product becomes available.

10.4 Limitations. Mondoux does not warrant that the quality of any product purchased or information obtained by you will meet your expectations or that any errors on the Website will be corrected.

11. ALLERGEN INFORMATION

Mondoux provides edible food products that may contain certain allergens. All edible products will have proper labelling and packaging and will include a complete list of ingredients and nutritional values, in accordance with applicable law. In addition, Mondoux will make reasonable efforts to list all allergens, without exception, on the applicable product pages for all edible products. It is your and the end user's responsibility to read all nutritional, labelling and allergen information before consumption. Mondoux will not be held responsible, directly or indirectly, for any injury, death or adverse effect resulting from the consumption of any Mondoux product due to the presence of an allergen. You acknowledge that you are responsible for determining whether products are safe or unsafe to consume, and you release Mondoux from any liability related to the consumption of products that may contain one or more allergens.

12. PROMOTIONS, RULES AND CONDITIONS

Mondoux regularly offers special sales, savings, promotions and benefits. Promotions are, by default, limited to one available offer per person, or as specified in the terms and conditions of such promotion. The Website may initially accept an order that violates these terms and conditions. In such cases, and at Mondoux's sole discretion, Mondoux reserves the right to limit, modify or cancel any order(s) or transaction(s) that accidentally or intentionally violate(s) the promotional conditions of participation. Any order containing a promotional or discount code on an item that has already been discounted is expressly prohibited and will be subject to cancellation, at Mondoux's sole discretion.

13. EXCLUSION AND DISCLAIMER OF WARRANTIES

MONDOUX MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY OR THE CORRECT FUNCTIONING OF THE WEBSITE, ITS SUITABILITY FOR USE, OR THE ABSENCE OF ERRORS OR INTERRUPTIONS DURING ITS USE AND DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION OR MATERIALS, INCLUDING ANY DOWNLOADABLE SOFTWARE, ACCESSED THROUGH OR FROM THE WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS. MONDOUX DOES NOT REPRESENT, WARRANT OR PROMISE THAT ANY ERRORS IN OR RELATING TO THE WEBSITE WILL BE CORRECTED OR THAT THE SERVER FROM WHICH THE WEBSITE IS OPERATED IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, THE WEBSITE AND THE MATERIALS AND INFORMATION APPEARING ON THE WEBSITE OR PROVIDED THROUGH IT ARE PRESENTED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, AND MONDOUX MAKES NO REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, VERBAL, BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION (i) AS TO THE ABSENCE OF INTERRUPTION AND ERROR IN THE EXECUTION OF OPERATIONS, NAVIGATION, PROTECTION OF PERSONAL INFORMATION AND SECURITY (ii) AS TO THE ACCURACY, SUITABILITY AND COMPLETENESS OF THE WEBSITE AND ITS CONTENT, INFORMATION, MATERIALS AND FUNCTIONS ACCESSED THROUGH THE SOFTWARE USED ON THE WEBSITE OR THROUGH THE WEBSITE, AND ANY PRODUCTS, SERVICES OR HYPERLINKS TO THIRD PARTY WEBSITES, NOR FOR ANY SECURITY BREACH RELATING TO THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY WEBSITE LINKED TO IT; AND (iii) AS TO MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT AND ADAPTATION FOR A PARTICULAR PURPOSE, AND NEITHER MAKES ANY REPRESENTATIONS, WARRANTIES OR FORMULATE CONDITIONS ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE EXTENT PERMITTED BY LAW. THE EXCLUSIONS SET FORTH ABOVE ARE IN ADDITION TO THE SPECIFIC EXCLUSIONS SET FORTH ELSEWHERE IN THESE TERMS AND CONDITIONS.

THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF ANY CONTRACT.

14. INDEMNIFICATION

By using the Website, you hereby agree to indemnify, defend, and hold Mondoux harmless from and against all losses, damages, liabilities, claims, and related costs and expenses of any nature whatsoever (including, without limitation, reasonable attorneys' fees) incurred by Mondoux as a result of any claim related to your use of the Website. Mondoux may, at its own expense, assume the exclusive defense and control of any matter within the scope of your indemnity undertaking, and you shall not settle any matter without Mondoux's written consent.

FOR THE PURPOSES OF THIS SECTION, THE TERM "MONDOUX" INCLUDES THE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS AND LICENSEES AND THIRD-PARTY SUPPLIERS OF MONDOUX. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THE PRESENT TERMS AND CONDITIONS.

15. LIMITATION OF LIABILITY

15.1 Limitation of Liability. You acknowledge and agree that you assume all risk arising from your access to or use of the Website, whether such use is lawful or unlawful. To the fullest extent permitted by applicable law, Mondoux, its affiliates, directors, employees, members, agents, licensors or successors and assigns, shall not be liable under any circumstances for damages of any kind, including, without limitation, loss of use, loss of profits or loss of data, whether in contract, tort, or otherwise, arising directly or indirectly from the use or performance of the Website, including any damages caused by or resulting from a user's reliance on any information obtained through the Website, or resulting from any error, omission, interruption, deletion of files or emails, defects, viruses, delays in operation or transmission or any failure of performance.

15.2 SURVIVAL. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF ANY CONTRACT ARISING HEREUNDER.

16. INTELLECTUAL PROPERTY

16.1 Trademarks. All trademarks (including words, phrases and logos) used by Mondoux to distinguish, or so as to distinguish, its own goods or services from those of others, belong to Mondoux. Mondoux's trademarks may not be used, reproduced, or imitated, in whole or in part, without Mondoux's prior written permission.

16.2 Copyright. All original works reproduced or published on the Website are protected by copyright. The owner of the copyright in each work reserves all rights therein. You acknowledge that it is an infringement for any person to do, without the consent of the copyright owner, any act that, under applicable law, only the copyright owner may do.

16.3 Other Rights. The Website, or any part of it, may be protected by industrial designs or patents. Mondoux reserves all rights related to the Website that are not expressly granted. You agree not to use, copy or distribute any content of the Website other than as authorized.

16.4 Feedback. Mondoux shall be free to use, profit from, disclose, publish, keep secret or otherwise exploit any comments, suggestions or other ideas to improve or modify in any way the Website or any other product or service using a trademark owned by Mondoux ("Feedback"), without compensation or attribution to the user or any person from whom such Feedback originated.

16.5 Documentation. Mondoux will provide you, from time to time, with documentation, either online or in some other physical form, describing the features, operation and use of the Website (the "Documentation"). You understand and agree that you may reproduce and use the Documentation only as necessary for your use of the Website.

17. YOUR EQUIPMENT AND CONTENTS

17.1 Ownership of Content. You retain ownership of any text, video, photo or other materials ("Content") that you publish on the Website.

17.2 Confidentiality of Content. Except for information related to your account and the processing of any product order, you agree not to publish or otherwise provide Mondoux with any confidential, secret or proprietary Content.

17.3 License on Content. By submitting Content to the Website, you grant Mondoux a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, assignable, and transferable license to perform any act that, under applicable law, you alone would otherwise be entitled to perform, in order to render services related to the Website, including the right to authorize any use of the Content, whether for commercial or non-commercial purposes, subject to Mondoux's Privacy Policy.

17.4 COMMENTS. MONDOUX SHALL BE FREE TO USE, PROFIT FROM, DISCLOSE, DELETE, PUBLISH OR OTHERWISE EXPLOIT ANY CONTENT, INCLUDING ANY COMMENTS PUBLISHED ON THE WEBSITE, INCLUDING REPUBLISHING CONTENT ON MONDOUX WEBSITES OTHER THAN THE ONE ON WHICH THE CONTENT WAS ORIGINALLY PUBLISHED.

17.5 Netiquette. At all times, when posting Content, you agree not to communicate anything that could be considered, in Mondoux's sole discretion, as:

17.5.1 abusive, defamatory, hateful, racist, xenophobic, homophobic or sexist (or any use of disrespectful language);

17.5.2 inappropriate or out-of-context debates;

17.5.3 containing vulgar, obscene or malicious language;

17.5.4 disclosing personal information or confidential information of others; or

17.5.5 otherwise giving rise to criminal or civil liability of a person or entity or otherwise illegal or contrary to applicable laws and regulations.

It is also forbidden to make any advertising or solicitation for commercial, professional, partisan, or religious purposes.

17.6 Reproduction of a copyrighted work. You may not upload to the Website, in whole or in part, any work in which third parties own the copyright. This prohibition includes, but is not limited to, the reproduction in a publication of passages from a literary work, even for purposes of parody, satire, criticism, or review.

17.7 Responsibility for Content. You hereby acknowledge and agree that you are solely responsible for any Content that you publish on the Website. Accordingly, you represent and warrant that (i) you are either the sole owner of the Content submitted to the Website, or that you have all the rights, licenses, permissions, consents, and releases to publish such Content and grant Mondoux the rights to such Content, and (ii) neither the Content nor your publishing or transmitting of the Content, nor Mondoux's use of your Content, infringes or will infringe the rights of any third party, including intellectual property rights and publicity rights, or any applicable law or regulation. You acknowledge and agree that the Content does not necessarily reflect the views, ideas or opinions of Mondoux, its divisions, affiliates, subsidiaries, directors, officers, employees, agents, contractors and suppliers, and that we disclaim any and all liability for your Content. You hereby agree to defend, indemnify, and hold Mondoux harmless from and against all claims, damages, liabilities, losses and expenses arising out of or relating to your Content. Mondoux reserves the right to revise, alter or delete material at any time without notice.

17.8 Website Administration. Mondoux reserves all rights with respect to the administration of the Website, including the right to delete without notice any Content that, in Mondoux's sole discretion, does not comply with the rules set out in this section. Mondoux reserves the right to delete any user account that is used for purposes contrary to these Terms and Conditions, including these netiquette guidelines.

17.9 Review of user’s Content. You acknowledge that Mondoux has no obligation to review Content posted by other users on the Website or to monitor your access to or use of the Website, but has the right to do so, in order to ensure compliance with the Terms and Conditions, laws, court orders, governmental requirements or other applicable requirements.

17.10 Third-party Content. When you access the Website, you may use and/or have access to Content provided by third parties. Mondoux cannot guarantee that such Content will be free of any material or information that you may find offensive, objectionable or inappropriate. Mondoux disclaims all liability related to your access or use of Content provided by third parties.

17.11 Complaints. In the event that you find that any Content violates any of the provisions of this section, Mondoux encourages you to send a complaint, which will be treated confidentially, by writing to serviceclient@mondoux.ca. Mondoux will assess the merits of the complaint as soon as possible and may, at its sole discretion, decide to take action or not.

18. LINKS TO OTHER WEBSITES

Links and references to other Websites are provided for information purposes only. Mondoux has not reviewed and does not expressly or implicitly endorse other websites, or any information or material posted on them, or the accessibility thereof, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon.

19. AUTHORIZATION TO USE ELECTRONIC DOCUMENTS

You hereby authorize the exchange of documents and information between you and Mondoux via the Internet or via email, and you agree that these Terms and Conditions and any Confirmation are equivalent to an original written agreement between you and Mondoux. You also agree that all agreements, notices, information, and other communications that we may send to you electronically satisfy any legal requirement that such communications be in writing.

20. GENERAL

20.1 Modification of the Website; Rights reserved. Mondoux may, at its sole discretion and without prior notice, delete or modify the Website or any aspect of it, including, without limitation, its content, properties or hours of availability, and suspend or discontinue its use without any liability to you or any third party. Mondoux may also impose rules and restrictions on the use of the Website or restrict your access to parts or all of the Website without prior notice or liability. All rights not expressly granted in these Terms and Conditions are reserved to Mondoux.

20.2 Enforcement. These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

20.3 Entire agreement. These Terms and Conditions, together with all other agreements incorporated or referred to herein, constitute the entire agreement between you and Mondoux with respect to the use of the Website, any transaction conducted on or from the Website, and the content of the Website, and they supersede all prior agreements or understandings (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended except in writing or by such other means as Mondoux is authorized to provide pursuant to these Terms and Conditions.

20.4 Assignment. You may not assign your rights or obligations under these Terms and Conditions without Mondoux's express prior written consent.

20.5 Applicable laws. The Website is controlled and operated by Mondoux from Montreal (Quebec) Canada, and these Terms and Conditions, the Website, the Contract, the use of the Website and any transaction conducted on or from the Website shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to the principles of conflict of laws.

20.6 Dispute resolution. You agree that any dispute between you and Mondoux regarding these Terms and Conditions and the Contract and any action or proceeding arising out of or related thereto shall be submitted to the exclusive jurisdiction of the provincial and federal courts sitting in the judicial district of Montreal, in the province of Quebec..

20.7 Termination. Mondoux reserves the right, in its sole discretion, to terminate your access to all or part of the Website, with or without prior notice.

20.8 Severability. If any provision of the Terms and Conditions is determined to be invalid, void, or for any reason unenforceable, it shall be deemed severable and shall not affect the validity or enforceability of any other provision of the Terms and Conditions.

20.9 Territory covered. Mondoux makes no representation that materials, information or products on or through the Website are appropriate or available for use in locations or territories other than Canada. Those who choose to access the Website from other locations or territories do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

20.10 No waiver. Mondoux's failure to enforce any provision of these Terms and Conditions or the Contract, or to respond to a breach or default by you or any other party to these Terms and Conditions or the Contract, shall not be construed as a waiver of its right to enforce these Terms and Conditions or the Contract or to respond to similar breaches or defaults.

20.11 Interpretation. Headings are included herein solely for convenience of reference and shall not affect the interpretation of these Terms and Conditions.

21. LANGUAGE

Click here for the French version of the Terms and Conditions and the Contract.

22. CONTACT US

Mondoux appreciates your comments and questions, which can be sent to the following address: info@mondoux.ca.

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