PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OUTLINED HEREIN.
Use of the website www.simplex.ca
This website, www.simplex.ca, including the transactional site, client portal, social media, mobile applications, and other platforms owned by Simplex Location d'outils Inc., its affiliates, and subsidiaries ("Simplex"), with its registered office at 9740 Boul. de l'Acadie, Montreal, Quebec, H4N 1L8, belongs to and is operated by Simplex (collectively the "Site"). By accessing or browsing this Site, you unconditionally agree to be bound by these Terms of Use (the "Terms") and all applicable laws. The use of our Site is reserved for personal and non-commercial purposes.
1. Modification of these Terms
Simplex reserves the right to modify these Terms at any time without prior notice. You can review them at any time on our Site. Your visit to our Site constitutes consent to the Terms then in effect. It is your responsibility to review the Terms and any subsequent modifications, which will be indicated by the date of the last update of these Terms.
2. Modification of the Site, Services, and Offered Products
Simplex reserves the right, at its sole discretion, to modify the Site or any part thereof, to suspend it, modify it, or withdraw the services or products offered, without further notice or delay. Simplex shall not be liable to anyone for any loss or damage that may result from such modification of the Site, whether directly or indirectly.
3. Hyperlinks
The hyperlinks on the Site provide access to external websites owned and operated by third parties. Simplex has no control over these external websites and does not guarantee their content in any way. Therefore, you assume full responsibility for your use of these websites, with Simplex completely exempt from liability. The inclusion of a hyperlink on the Site to a third-party website should never be interpreted as an endorsement by Simplex of the content of that website or as indicating any association, affiliation, or other type of partnership with the owner of such a website. Your use of third-party websites is subject to the terms and conditions of those websites.
4. Automatically Collected Information
Non-identifiable Information – Similar to many other websites, the Site may automatically collect certain non-identifiable information about users of the Site, such as the Internet Protocol (IP) address that identifies your computer, the IP address of your Internet service provider, the date and time when you access the website, the Internet address from which you directly linked to the Site, the operating system you are using, the sections of the Site you visit, the web pages you read, the images you view, and the documents you display on the Site or download from the Site. Non-identifiable information is used for system administration and Site improvement purposes. Non-identifiable information about you may be disclosed to third parties and permanently stored for future use.
Cookies – The Site may use "cookies," a technique that stores data on a user's computer to recognize the user during subsequent visits from that computer. Cookies are used to enhance the efficiency and usability of the Site. You can choose to reject cookies if your browser allows it, but this decision may affect how you can use the Site and your ability to access certain features of the Site. Cookie Preferences.
Google Analytics – The Site uses Google Analytics to collect non-identifiable information about the use of the Site by visitors, such as the number of visitors and the pages they view. Simplex uses this information to compile reports and improve its Site. By visiting the Site, you consent to the use of Google Analytics. If you do not consent to this use and wish to opt out of transmitting information to Google Analytics, please click on the following link: https://tools.google.com/dlpage/gaoptout?hl=en
5. Legal Age and Child Protection
The Site is intended for individuals who have reached the legal age of majority in their province of residence. Simplex adheres to legal restrictions concerning advertising directed at children. Parents are encouraged to monitor their children's use of Internet access and are responsible, as legal guardians, for determining which websites are appropriate or not for their children.
6. Limitation of Liability
Simplex is not responsible for any losses, damages, claims of any nature, whether direct, indirect, incidental, exemplary, punitive, special, or consequential, including data loss, alteration or disclosure, any delays, force majeure, pricing or attribute errors of products or services, product errors, missing products, inaccuracies in product and service descriptions (collectively, "damages"), even if it has been advised of the possible occurrence of such damages arising from the use of this site. Your sole and exclusive remedy is to cease using this Site. No information contained on this Site is capable of creating warranties not expressly provided for in these Terms.
7. Risks Associated with Internet Use
Errors, Interruptions, and Viruses: The Site is available on an "as-is" basis. Although Simplex makes reasonable efforts to keep the Site free from errors, interruptions, and viruses, Simplex provides no express or implied warranty that the Site will be uninterrupted, timely, secure, or free from viruses or errors, that the information presented on the Site is accurate and error-free, or that any defects in software and applications, if any, will be corrected. You are solely responsible for any damage to your computer and any data loss resulting from any material downloaded.
User ID, Password, and Security: Where applicable, while efforts are made by Simplex to ensure that a third party will not access or obtain personal information about you through its Site, complete privacy and security on the Internet are not guaranteed at this time. Internet communications are subject to interception, loss, or alteration. You acknowledge and agree that Simplex shall not be liable for damages resulting from the transmission of confidential information or personal information over the Internet, and that such communications are at your own risk. You are solely responsible for maintaining the confidentiality of your user IDs and passwords and for any actions taken under your identification. It is your responsibility to immediately inform Simplex of any unauthorized use of your usernames and passwords, any security breaches, and to take all necessary measures to ensure optimal security conditions when using the Site. Simplex may cancel or suspend your account, at its discretion, without incurring any liability.
8. Use of Information and Errors
The information presented on the Site is provided for informational purposes only, unless otherwise stated. Simplex provides no express or implied warranty that the quality of products will meet your expectations or that the information, which may include advertising and advice, is suitable for your needs.
Simplex takes pride in the Site and works diligently to keep it up to date and error-free. However, pricing errors or errors or inaccuracies in product or service descriptions, including the depicted color, origin, category, or any other attribute, may occur. Simplex reserves the right to correct any such errors at its sole discretion, at any time, and without notice.
9. Intellectual Property Rights
All content on this Site, including text, logos, slogans, designs, graphics, images, photographs, videos, music excerpts, downloads, technological programs, and business processes, is the exclusive property of Simplex or is otherwise provided or used under license by Simplex. Simplex makes no representation and gives no warranty that third-party downloaded content does not infringe upon the rights of a third party. All content on this Site is subject to Simplex's intellectual property rights, the Canadian Trademarks Act, the Canadian Copyright Act, the applicable laws of other countries, and international treaties in this regard. Any unauthorized use of this content, including reproduction, distribution or redistribution, transmission or retransmission, public telecommunication, performance, translation, making available to the public, or any downloading, is prohibited unless expressly authorized in advance by Simplex in writing.
10. Trademarks
The trademarks displayed on the Site are trademarks, registered or unregistered, of Simplex or third parties, and they belong to their respective owners. The trademarks displayed on the Site cannot be used without the prior written permission of Simplex or their respective owners. No element of this Site should be interpreted as implicitly or explicitly creating a license or any right to use or reproduce a trademark without the prior written consent of Simplex or the trademark owner.
11. Your Feedback
Subject to the information submitted under our Privacy Policy, you agree to grant Simplex an irrevocable, perpetual, royalty-free, transferable, and unrestricted license with respect to any feedback, suggestion, idea, or other content ("Feedback") that you communicate to Simplex via email or in any way from the Site, including the right to copy, reproduce, communicate, modify, adapt, publish, translate, create derivative works from, or partially or completely destroy them. If you do not wish to grant such a license or want to protect the confidentiality of Feedback, please do not submit such Feedback to us.
12. Site Security
You may only use the Site for the purposes outlined in these Terms. You may not attempt in any way to access information that is not intended for you, test the vulnerability of our systems and solutions, compromise their security or efficiency, or send unsolicited emails, including advertising. All such actions are contrary to the law and may result in civil or criminal prosecution.
13. Termination of Website Use
Simplex may terminate, in whole or in part, your right to access the Site or your account at any time without notice and for any reason, including but not limited to the fact that your account is inactive for a period determined by Simplex from time to time or if Simplex believes, in its sole discretion, that you have violated these Terms.
14. Additional Terms of Use
You may be subject to additional terms of use specific to certain programs, offers, promotions, advertising contests, services, social media, third-party content, and third-party software, which will be communicated to you when you access these programs, offers, promotions, services, social media platforms, content, or software.
15. Applicable Laws
For any use of this Site in Quebec, you agree that the laws of the province of Quebec and Canada, without reference to conflict of laws principles and excluding the application of the United Nations Convention on Contracts for the International Sale of Goods, apply. You agree to be bound by these laws and to submit to the exclusive jurisdiction of the courts of the province of Quebec, in the district of Montreal, concerning the interpretation or application of these Terms.
For any use of this Site in Canada (excluding Quebec), you agree that the laws of the province of Ontario and Canada, without reference to conflict of laws principles and excluding the application of the United Nations Convention on Contracts for the International Sale of Goods, apply. You agree to be bound by these laws and to submit to the exclusive jurisdiction of the courts of the province of Ontario, in the district of Toronto, concerning the interpretation or application of these Terms.
16. Other questions
These Terms, including any modifications that may be made to them from time to time, constitute the entire agreement between you and Simplex regarding your use of the Site and take precedence over all prior agreements, whether written, verbal, or otherwise, between you and Simplex concerning your use of the Site.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision is deemed to be severed from the rest of these Terms and has no effect on the validity or enforceability of the other provisions.
The provisions of these Terms are drafted for the benefit of Simplex and its successors and assigns and related persons, as well as for your benefit and that of your heirs, executors, administrators of your estate, successors, authorized assigns, and personal representatives, and bind each of these individuals. You may not assign these Terms or your rights or obligations under these Terms without the explicit prior written consent of Simplex, which may be refused at its sole discretion. Simplex may assign these Terms and its rights and obligations under these Terms without your consent.
No consent or waiver by either party to a breach or default by the other party in performing its obligations under these Terms is deemed or construed as a consent or waiver of a continuing breach or default or any other breach or default of such obligations or other obligations of that party. No consent or waiver will have effect until it is documented in a written document signed by both parties.
To contact us for any questions regarding these Terms of Use, please email us at: marketing@simplex.ca
Last Updates August 15, 2023.