This regulation is in effect since April 1st, 2021.
1. Acceptance of these Terms
The Conditions form a legally binding contract between you and T’odoré. Wherever you are in the world, the contract is always between you and T’odoré.
This contract establishes your rights and responsibilities when using Todore.ca, our mobile applications and other services provided by T’odoré (collectively referred to as “Services”), so please read it carefully. By using any of our Services (even by simply browsing one of our websites), you agree to these Terms. If you do not agree to abide by the Terms, you may not use our Services.
2. These other documents that we have mentioned
By using any of our Services, you signify your agreement to these Terms.
All of these rules are part of our Terms and Conditions, so be sure to read the ones that apply to you. Of course, you still need to read the rest of this document as it applies to everyone!
3. Your personal information
Our members’ personal information (for example, the buyer’s name, email address and shipping address) is processed by T’odoré in accordance with both Canadian and European Union law.
4. Your T’Odoré account
You must create an account on T’odoré to use some of our Services. Here are some rules concerning T’Odoré accounts:
- You must be 18 years of age or older to use our Services. You are responsible for any activity performed by a minor on your account.
- Be honest with us. Provide accurate information about yourself. Using false information or impersonating another person or company through your account is prohibited.
- Choose an appropriate name. If you choose not to use your full name as the name associated with your account, you may not use language that is offensive, vulgar, violates someone else’s intellectual property rights, or otherwise violates these Terms.
- You are responsible for your account. You are solely responsible for all activity on your account. Our members’ personal information (for example, the buyer’s name, email address and shipping address) is processed by T’odoré in accordance with both Canadian and European Union law. If you share your account with others, the person whose financial information is listed on the account will have final responsibility for all activity. If you are registered as a business, you personally warrant that you have the authority to agree to abide by the Terms on behalf of the business. In addition, your accounts are not transferable.
- Protect your password. As mentioned above, you are solely responsible for all activity on your account, so it is important to keep your account password secure.
5. Your Content
The Content that you post using our Services is your content (it will therefore be referred to as “Your Content”). We do not claim ownership of this Content, which includes anything you post using our Services (such as product reviews, profile pictures, photos, product descriptions, reviews, videos, user names, etc.).
- Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights with respect to Your Content and that you are not infringing or violating the rights of others by posting it.
- Permission to use Your Content. By publishing Your Content through our Services, you grant T’odoré a license to use it. We do not claim ownership of Your Content, but we have permission to use it to help T’odoré operate and develop. Thus, we will not infringe any rights you may have in Your Content.
- Reporting of unauthorized content. T’odoré has great respect for intellectual property rights, and is committed to following the appropriate legal procedures to remove illicit content from the Services. If content that you own or have rights to has been posted on the Services without your permission and you wish to remove it, please contact us. If your content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as deactivating it if we receive sufficient notice, or terminating the account for repeated infringements. If this is the case, we will inform you.
- Inappropriate, false or misleading content. There are certain types of content that we refuse to publish on T’odoré Services (for legal or other reasons). You agree not to post any abusive, threatening, defamatory, obscene, vulgar or otherwise offensive material. You agree not to post any abusive, threatening, defamatory, obscene, vulgar or otherwise offensive material.
6. Your use of our Services
- Do not use our Services to break the law. You agree not to violate any law in your use of the Services. This includes all local, state, federal and international laws that may apply to you. You may not commit fraud (including misrepresentation or notice of violation), theft, threats, or engage in other illegal acts or offenses against T’odoré, another T’odoré user or a third party.
- Do not steal our content. You agree not to crawl, screenshot or use spider programs on the pages of the Services, nor reverse engineer them, nor attempt to obtain the source code of the Services.
- Do not attempt to interfere with our systems. You agree not to attempt to disrupt or interfere with our Services, for example by spreading a virus or other harmful computer code.
- Follow our Trademark Policy. The name “T’odoré” and the other trademarks, expressions, logos and creations of T’odoré that we use in the context of our Services (the T’odoré Marks) are trademarks, service marks or commercial presentations whose intellectual property is claimed by T’odoré.
- Contact us online. From time to time, T’odoré will provide you with certain legal information in writing. By using our Services, you agree to comply with our Electronic Communications Policy, which describes how we provide this information to you. This policy states that we can send you information electronically (e.g., by email) instead of sending you paper copies by mail (let’s save the environment), and that your electronic agreement has the same value as your paper signature.
Termination by you. We don’t want you to leave us, but you can cancel your T’Odoré account at any time from your account settings. Termination of your account will not affect the availability of certain items of Your Content that you posted through the Services prior to termination.
Termination by T’Odoré. We may terminate or suspend your account (and any accounts that T’Odoré considers to be associated with your account) and your access to the Services if we have reason to believe that you, your Content or your use of the Services does not comply with our Terms of Service. If this is the case, it is important to understand that you have no contractual or legal right to continue to use our Services, for example to purchase from our websites or mobile applications. In general, T’odoré will notify you that your account has been terminated or suspended, unless you have repeatedly violated our Terms or we have legal or regulatory reasons that prevent us from notifying you.
If you or T’odoré terminate your account, you may lose all information associated with it, including Your Content.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service is terminated.
8. Warranties and Limitation of Liability (or why you can’t sue us)
The content you access. You may come across items that you find offensive or inappropriate when using our Services. We make no representations about any posted content, its legality or the decency of the user-posted content you access through our Services (comments, blogs, reviews, etc.). You release us from any liability related to this content.
The people you interact with. You may use the Services to interact with others, either online or in person. However, you understand that we do not monitor the actions of all users of our Services, and you release us from any liability related to your interactions with other users. Be aware and use caution and good judgment when interacting with others, especially if you are meeting someone physically.
Gift cards and promotions. You acknowledge that T’Odoré offers no guarantee regarding the balance of your gift card, and is not responsible for any unauthorized access to, or modification, theft or destruction of a gift card or a gift card code as a result of an action by you or a third party. You also acknowledge that we may suspend or prohibit the use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe that your Gift Card balance is being used in a suspicious, fraudulent or other unauthorized manner. If your Gift Card code stops working, the only way for us to resolve the problem is to issue a replacement code. By participating in a special offer or promotion, you agree that you cannot later claim that the rules of the special offer or promotion were ambiguous.
|GUARANTEES. T’ODORÉ STRIVES TO MAKE OUR SERVICES THE BEST POSSIBLE, BUT WE ARE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WE COMPLY WITH THE QUEBEC CONSUMER PROTECTION ACT, INCLUDING OUR EXCHANGE OR REFUND POLICY. ON SOME PRODUCTS, ESPECIALLY THOSE REQUIRING SPECIAL PERSONAL HYGIENE CONDITIONS, WE CANNOT APPLY A RETURN OR REPLACEMENT GUARANTEE AT NO COST. THESE STANDARDS ARE POSTED IN THE STORE AND WHEN YOU MAKE A PURCHASE, YOU ARE DEEMED TO HAVE READ THE WARRANTY LIMITATIONS OF A PRODUCT. WE DO NOT GUARANTEE THAT : (I) THE SERVICES WILL BE SECURED OR MADE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIMITS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER T’ODORÉ NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOSS OF PROFITS OR REVENUES, OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS.|
9. Disputes with T’odoré
If you are upset with us, let us know, and we hope we can solve your problem. But if we can’t, then the following rules will govern any legal dispute involving our Services:
- Arbitration. You and T’Odoré agree that any dispute or claim arising out of or in connection with these Terms shall be finally settled by arbitration, in the French language, by a mediator, in accordance with its consumer arbitration rules under the Consumer Protection Act (Quebec). **Arbitration, including fundamental questions of arbitrability, shall be handled by a single arbitrator in accordance with these rules. Judgment on the arbitration award shall be entered in any court of competent jurisdiction.
- Arbitration fees. Payment of any reasonable claim deposits to the AAA, administrative and arbitration fees will be made in accordance with the arbitration rules. For mediation, the parties will pay their own share of the mediation costs, and under certain conditions, these costs may be refundable, depending on the outcome of the mediation.
- Forum. We are based in Boucherville, so any legal action against T’Odoré related to our Services must be initiated and take place in the municipality of Longueuil, province of Quebec in Canada. For all legal actions not subject to arbitration or mediation, you and T’odoré agree to submit to the personal jurisdiction of a state or federal court located in the city of Montreal, province of Quebec, Canada.
- Changes. If we make changes to the “Disputes with T’Odoré” section after the date you agreed to these Terms, those changes will not apply to any claims filed in legal proceedings against T’Odoré before the date those changes take effect. T’Odoré will notify you of substantial changes to the “Disputes with T’Odoré” section at least 30 days before the date on which these changes take effect. If you do not agree with the changes made, you can send T’Odoré a written notice (including by email) or close your account during these 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any dispute between you and T’odoré according to the provisions of this section “Disputes with T’Odoré” as of the last date you accepted these Terms, including any changes made prior to your rejection. If you re-open your closed account or create a new account, you agree to be bound by the current version of these Terms.
We may update these Terms from time to time. If we believe the changes are material, please be assured that we will notify you by posting the changes through the Services or by sending you an email or message regarding the changes. This way, you can decide if you want to continue using the Services. Changes will be effective upon publication, unless otherwise specified. You are responsible for reviewing and acknowledging any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
13. Some legal subtleties
The Terms, including all the rules that constitute them, replace any other agreement between you and T’Odoré concerning the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms otherwise remain in full force and effect. Our failure to enforce any part of the Terms does not constitute a waiver of our right to subsequently enforce that part or any other part of the Terms.
14. Contact details
If you have any questions about the Terms, please email us at: firstname.lastname@example.org
In some countries, you may have additional rights and/or the above information may not apply to you.