Terms of service

ACCEPTANCE

By accessing and using the Web site or the Services, you agree to be bound by these terms and conditions in their entirety. If you do not agree to these terms of use, you must not access the Web site or download any of its content.

OWNERSHIP OF THE SITE

This Web site is owned and operated by 9434-2128 Québec inc (hereinafter referred to as NOPé). All content, data, graphics, photographs, images, sounds, videos, software, trademarks, service marks, trade names and other information (collectively, the "Content") contained on this Web site are the property of NOPé and/or third-party licensors. The Content is protected by Canadian and international copyright and trademark laws.

RESTRICTIONS ON USE

Except as provided herein, you may not modify, copy, reproduce, publish, display, transmit, distribute, display on screen, perform, transfer, sell or create derivative works from the Content without the express prior written consent of NOPé. You may download, print and reproduce the Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained in the Content and that you cite the URL of the Content. It is strictly forbidden to reproduce all or part of the content in multiple copies, for resale or distribution purposes, without the prior written permission of NOPé. If you wish to obtain written permission to reproduce content, please contact us by e-mail at info@nopé.com.

Unless otherwise specified, our website is intended for your personal, non-commercial use. Its sole purpose is to inform and entertain you.

ACCURACY OF INFORMATION


While NOPé makes every effort to ensure the accuracy of the information contained on this website, NOPé does not warrant that the information or materials contained on this website are up-to-date, accurate, error-free or complete. NOPé assumes no liability or responsibility for any errors or omissions in the content of this website, including information relating to product descriptions, pricing and availability.

NOPé reserves the right to correct, amend or update the information posted on this site at any time without notice.


CHANGES TO INFORMATION POSTED ON OUR WEBSITE

Offer dates, prices or availability of items offered on our website may change without notice. Occasionally, we may have to cancel an order placed on our website if, for example, the items ordered cannot be shipped due to unforeseen circumstances.
While we strive to meet your needs as much as possible, we reserve the right to revise an inaccurate price or item description and to cancel or refuse an order for an item with an inaccurate price or description. These corrections may be made after the order has been accepted.

SALES TAX

In Quebec, NOPé collects sales tax on products ordered through this website. The 5% GST (goods and services tax) and the 9.975% Quebec provincial sales tax are added to all orders. The sale of a gift card is not taxable. When used to pay for a purchase, a gift card is a form of payment in the same way as cash. Taxes must therefore be calculated on the price of each item sold, before the value of the gift card is deducted.


REGISTRATION AND PASSWORDS


To access certain features of the website, you may be required to complete an online registration form.
In consideration of your use of this Web site and the services it offers, you agree to provide true, current, complete and accurate information as prompted by the registration form provided to you by the Web site. You also agree to update your registration information whenever a change is made to any information on that registration form.

As part of the registration process, you may be asked to provide a username and password. You are solely responsible for maintaining the confidentiality of any such password and user name, and you agree to accept responsibility for all activities that occur under your password or user name. You agree to notify NOPé immediately of any unauthorized use of your password or user name or any other breach of security.

USER BEHAVIOR


You may have the opportunity to upload, post, display or otherwise display information, ideas and opinions on the Web Site through product reviews, responses, comments posted on the Web Site or the transmission of other content for display on the Web Site (collectively "User Content").

By choosing to access the Website and/or by transmitting User Content, you agree to comply with all applicable federal, provincial, territorial and other laws and regulations and the other terms of these Terms of Use and any rules that may be published from time to time by NOPé. In addition, without limiting the foregoing, you agree not to:

  • upload, post, e-mail or otherwise transmit any User Content that :
    • constitutes unsolicited or unauthorized promotional or advertising content, spam, chain letters, pyramid schemes or any form of solicitation;
    • infringes any patent, trademark, trade secret, copyright or other proprietary (exclusive) or privacy rights of any third party;
    • is unlawful, harmful, threatening, abusive, tortious, defamatory, vulgar, obscene, hateful, harassing, invasive of another's privacy, or discriminatory on the basis of race, ethnicity or otherwise;
    • contains any form of destructive software such as a virus, worm, Trojan horse, logic bomb, cancelbot, any other harmful component or any other computer file, program or code designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
  • Harvest or otherwise collect or retain any information (including personally identifiable information) about other users of the Web site, including e-mail addresses, without the express consent of such other users;
  • Mislead others, create a false identity as to the sender or origin of the message, forge a header or otherwise tamper with an identifier in order to disguise the origin of any content transmitted through the Web site;
  • impersonate any person or entity, including, but not limited to, a NOPé employee, newsgroup leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Attempt to gain unauthorized access to the Web site, other computer systems or networks connected to the Web site, through password mining or otherwise;
  • interfere with or disrupt networks or servers connected to the Web site or violate the regulations, policies or procedures of such networks;
  • use, download or otherwise copy, or provide to any person or entity any Web site user directory or other user or site usage information, in whole or in part, other than in the context of your use of the Web site.
    The following provisions are collectively referred to as the "Code of Conduct".

The following provisions are collectively referred to as the "Code of Conduct".

USER CONTENT


You assume full responsibility for all User Content that you upload, post, display or link to (hereinafter "post") on or through the Website. You must not post any User Content on the Website that you did not create or have not been authorized to post.

NOPé is not responsible for and assumes no liability arising from the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. NOPé may, but is not obligated to, monitor or review activities on the Website and any User Content, and may block, correct, delete or remove (without notice) any User Content in its sole discretion. NOPé reserves the right to terminate a user's privilege to post User Content or participate in other services offered by NOPé where such user fails to comply with these Terms of Use or the Code of Conduct.

By submitting User Content to the Website, you grant NOPé the worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, transferable right and license to use, reproduce, modify, correct, publish, translate (in whole or in part), create derivative works from, display or publicly perform (in whole or in part) such User Content for any purpose whatsoever and/or to incorporate it in other works in any form, media or technology now known or later developed, to view or publicly display the User Content (in whole or in part) for any purpose and/or to incorporate it in other works in any form, media, or technology now known or later developed, without your prior written consent, and you further waive any moral rights you may have in the User Content. Furthermore, by transmitting User Content to NOPé, you represent and warrant that you own and control all rights to the User Content and that you have the right to assign the aforementioned rights to NOPé. User Content reflects the views and opinions of the person or persons transmitting it.

You acknowledge that NOPé may establish general practices and limits concerning use of the Website, including, without limitation, establishing the maximum number of days that e-mail messages, postings or other user content may remain posted on the Website. You agree that NOPé assumes no responsibility or liability for the deletion or failure to store any messages, other communications or user content on or through the Website. You are solely responsible, at your own expense, for making backup copies of and replacing any User Content you post or retain on the Web site.

CONTESTS


From time to time, we may offer you and/or others contests, sweepstakes and games on the Web site. Each of these activities is governed by specific rules that are accessible from the Web site pages on which the promotion is advertised or when you register.


DISCLAIMER / LIMITATION OF LIABILITY


Although we do our best to update and maintain the content of the Web site, errors and/or omissions may occur.

ACCORDINGLY, THIS SITE, INCLUDING THE CONTENT AND SERVICES IT OFFERS, IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NOPé DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NOPé DOES NOT WARRANT THAT THE FUNCTIONS OF ITS SITE WILL BE UNINTERRUPTED, FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL NOPé BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE WEB SITE OR THE CONTENT OR SERVICES OR THE INABILITY TO USE THE SAME, EVEN IF NOPé HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION


By using this Web site, you agree to indemnify and hold harmless NOPé, its officers, employees, agents and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable attorneys' fees and accounting expenses) resulting from:

  • any content (including user content) that you (or anyone using your password or username) submit, post, transmit or make available to visitors on the website;
  • your (or anyone using your password or user name) use of, or connection to, this Web site, or any other alleged breach by you of these Terms of Use, including, without limitation, the Code of Conduct;
  • your violation of any law or the rights of any third party.
  • CONFIDENTIALITY OF PERSONAL INFORMATION
  • NOPé respects your right to privacy of your personal information. Please see our Privacy Policy for more information on how we collect, use, disclose and otherwise manage your personal information. 

MODIFICATIONS AND TERMINATION


NOPé reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. In addition, NOPé reserves the right to modify these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on its website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, checking the "last updated" date at the bottom of this document. Your continued use of the Web site following any such changes constitutes your consent to be bound by such changes, and your continued access to the Web site constitutes NOPé's consideration to you. Your sole remedy if you are dissatisfied with (1) these Terms of Use; (2) our policies or practices regarding the operation of our website; or (3) any content accessible from the website, is to discontinue visiting and using this website.

TRADEMARKS


"NOPé" is a trademark operated by 9434-2128 Québec inc. All other trademarks appearing on the website are the property of their respective owners. Our trademark and its trade dress may not be used in any manner or for any purpose without the express written consent of NOPé inc.


APPLICABLE LAWS


These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, and any disputes shall be submitted to a court of competent jurisdiction in the judicial district of Quebec City, Province of Quebec. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use and any other legal notices or statements posted on the Website constitute the entire agreement between you and NOPé with respect to the use of the Website, including its content

NOTICE


Notices may be sent to you by e-mail or regular mail or, if changes are made to these Terms of Use or to the services offered by the Web site, by posting the notices or by creating links to such notices on the Web site itself.

If you have any questions or comments regarding these Terms of Use, please contact us by e-mail at info@nopé.com.

Last updated: October 2022..