Terms of use

Orthèses Talaria - Terms of use
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Welcome to the Groupe Talaria Website!

1. Terms of Use

These terms of use (the “Terms of Use”) constitute a binding legal contract between you and Groupe Talaria (the “Parties”), governing your access and use of the website www.orthesestalaria.com and the services offered therein (the “Website”). This contract becomes effective when you access the Website and remains in force until either Party terminates the contract in accordance with these Terms of Use or any other agreement you have entered into with us, as applicable. By accessing or using the Website, you acknowledge that you have read and understood our Terms of Use and agreed to be legally bound by them, our Privacy Policy, and our Cookie Policy (collectively, the “Agreement”), in addition to complying with applicable laws and regulations. If you do not agree to these Terms of Use, you are not authorized to access or use the Website or the services offered therein.

When used in these Terms of Use, the words “Organization Name,” “we,” “our,” and “ours” refer to Groupe Talaria, including its representatives, directors, and employees, with whom you enter into this Agreement. The terms “you” or “your” refer to the person accessing or using the Website, whether as a visitor or a user. If you enter into this Agreement on behalf of a legal entity, you represent that you have the authority or power to bind that legal entity to this Agreement, in which case the terms “you” or “your” refer to that legal entity.

1. Privacy Policy Our privacy policy (https://orthesestalaria.com/politique-de-confidentialite), which notably describes our practices regarding the processing of personal information (the “Privacy Policy”), is incorporated herein by reference and is an integral part of this Agreement.

2. Modifications By accessing or using the Website, you acknowledge and agree that these Terms of Use may be modified in accordance with the provisions set forth below and are encouraged to regularly review them.

We reserve the right to update and modify the Terms of Use at any time and without notice. In the event of a modification, we will publish the updated version of the Terms of Use on our Website and update the version number and the date of the last update at the bottom of the document. Therefore, we encourage you to check our Terms of Use when visiting the Website to receive timely notice of updated Terms of Use. If you do not approve of the updated Terms of Use, we invite you to discontinue using our Website. Continuing to use or access our website after the publication of updated Terms of Use constitutes acceptance of these updated Terms of Use.

3. Content For the purposes herein, “Content” refers to all materials and content made available to users on the Website, including notices, guidelines, communications, texts, RSS feeds, graphics, images, illustrations, audiovisual works, multimedia elements, photographs, videos, music, sound recordings, policies, documents, software, information, data, and any other work, including how this Content is presented.

Third-Party Content — Content viewed or available on the Website or via the Internet may belong to third parties (the “Third-Party Content”) and may be protected by intellectual property rights, including copyrights and trademarks, or other proprietary rights and laws. Nothing in your use of the Website or these Terms of Use grants you any right, title, or interest in this Third-Party Content, except for the limited right to use the Website granted to you in accordance with these Terms of Use.

Third-Party Websites — The Website may contain links to Third-Party Content available on independent third-party websites (the “Third-Party Websites”). These links are provided for informational purposes only. The Organization is not responsible for Third-Party Content or for the quality, security, availability, completeness, accuracy, lawfulness, and policies or practices of these Third-Party Websites. We do not endorse Third-Party Websites and make no representations about them or their content. If you choose to access a Third-Party Website linked on our Website, you do so at your own risk.

4. Intellectual Property and Other Property Rights Organization’s Content — Unless expressly stated otherwise, all rights, titles, and interests in relation to the Website and any Content, URLs, domain names, source codes, processes, trademarks, trade names, logos, product and service names, works, or other elements that may be subject to copyright, whether registered or not, recognized by applicable laws, including (a) any improvement or modification to any of the above elements, (b) any application for registration or renewal for the above, and (c) licenses and sublicenses for third-party intellectual property (collectively, the “Organization’s Content”), as well as all derivative works, translations, and updates of the Organization’s Content, are the exclusive property of the Organization and are protected by copyright, trademarks, or other intellectual property rights and laws. All rights not expressly granted herein are reserved by the Organization.

License — Subject to your compliance with the Terms of Use and any other agreement between you and us, the Organization grants you, for your personal use only, a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and its Content for the duration of this Agreement. Nothing in this Agreement grants you any right, title, or interest in the Organization’s Content, except the limited right to access and/or use the Website in accordance with these Terms of Use. You are prohibited from copying, modifying, disassembling, reproducing, adapting, selling, reselling, compiling, or extracting any Content, in whole or in part, by any means and on any medium, existing or future, including the translation of Content into any other language, except as expressly permitted by these Terms of Use. Any other use of the Organization’s Content is strictly prohibited and constitutes a violation of the provisions of Canadian intellectual property laws or other applicable property rights and laws. The Organization will enforce its intellectual property rights to the extent permitted by applicable laws.

5. Acceptable Use Policy Acceptable Use — You must use the Website and its Content only for lawful purposes and in accordance with the rules set forth in this section. If, at any time, you become aware of a violation of these Terms of Use by a person or entity, you agree to promptly notify us so that we can investigate and, if necessary, stop or remedy such violation.

Prohibited Uses — Without limiting the generality of the restrictions below, you agree not to do or permit, directly or indirectly, any of the following actions in connection with the Website:

  • Publish, upload, translate, use, upload, reproduce, distribute, or otherwise transmit any Content that:
    • Is defamatory, counterfeit, or illegal;
    • Is inappropriate, profane, degrading, obscene, indecent, or contains information without proper or legally required access controls (which controls will in no case be our responsibility);
    • Gives rise to civil liability or infringes on our rights or assists anyone else in infringing on our rights or those of third parties, including copyright infringement, invasion of privacy, trademark infringement, or defamation;
    • Constitutes threats, harassment, intimidation, abuse, or any conduct that infringes on the rights of others;
    • Constitutes a criminal offense or participates or assists others in committing a criminal offense;
    • Contains a virus, ransomware, Trojan horse, worm, spyware, or any other malicious program or software, including “web scraping” tools.
    • Constitutes unauthorized or unsolicited commercial communications, unwanted or mass communications, or other “spam” (whether using email services, including instant messaging, a blog, or comment spam) or is otherwise massive or unsolicited;
    • Disrupt, disable, or threaten the integrity, operation, or security of the Website;
    • Probe, scan, or test the vulnerability of the Website or violate its security measures;
    • Disable or circumvent any access control measures or processes or procedures related to the Website;
    • Sub-license, share, resell, reproduce, copy, distribute, redistribute, or exploit for commercial purposes any part, use, or access to the Website unless you have obtained our express permission to do so;
    • Extract, gather, collect, or store third-party personal information without their explicit consent.

Remedies — Without limiting any other rights we may have and subject to any agreement between you and us, the Organization may, without notice, suspend, restrict, or terminate your access and use of the Website and take any other action we deem appropriate if, in our sole and absolute discretion, we determine or believe that you have violated any provisions of the Terms of Use.

6. Disclaimer of Warranties USE OF THE WEBSITE AND ITS CONTENT IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING AS TO CONNECTIVITY, PERFORMANCE, OPERATION, AVAILABILITY, RELIABILITY, TIMELINESS, SECURITY, QUALITY, CAPACITY, OR ACCURACY OF THE WEBSITE AND CONTENT. THE ORGANIZATION SHALL IN NO EVENT BE LIABLE FOR DELAYS, INTERRUPTIONS, ACCIDENTAL FAILURES, SERVICE FAILURES, OR OTHER ISSUES INHERENT IN THE USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, TELECOMMUNICATIONS NETWORKS, OR OTHER SYSTEMS OR NETWORKS OPERATED BY THIRD PARTIES OR BEYOND OUR REASONABLE CONTROL. THE ORGANIZATION EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES, AND REPRESENTATIONS, EXPRESS, IMPLIED, LEGAL, OR OTHERWISE.

7. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE ORGANIZATION NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE WEBSITE OR ANY CONTENT SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING ACTUAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF CUSTOMERS, INTERRUPTION OF SERVICES, COMPUTER DAMAGE, OR SYSTEM FAILURE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, AS WELL AS YOUR USE OR INABILITY TO ACCESS OR USE THE WEBSITE, ITS CONTENT, AND THE SERVICES OFFERED THEREIN, EVEN IF THE ORGANIZATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE LIMITATIONS OF LIABILITY AND DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN YOU AND THE ORGANIZATION. IF APPLICABLE LAW DOES NOT ALLOW ONE OR MORE OF THE LIMITATIONS SET FORTH IN THESE TERMS OF USE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUR SITUATION.

8. Indemnification To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold the Organization harmless from any claim, liability, damages, judgments, awards, losses, costs, expenses, fees, or attorneys’ fees (including all reasonable legal and accounting fees) arising out of or in connection with: (i) your violation of these Terms of Use, (ii) any infringement or breach arising from your use of the Website and its Content, or (iii) your violation of any law or regulation or third-party rights such as intellectual property or privacy rights, other than as expressly authorized under these Terms of Use.

The Organization reserves the right, at its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You also agree to cooperate fully and reasonably in the defense of any claim, as applicable.

9. Applicable Law This Agreement and other policies available on the Website will be governed and interpreted in accordance with the laws of the province of Quebec. All disputes, claims, and actions arising out of or in connection with these Terms of Use shall be resolved or adjudicated in Quebec, Canada. You submit and agree to the exclusive jurisdiction and venue of the courts of the province of Quebec and the federal courts sitting in the province of Quebec.

10. Contact Us Any questions or comments regarding the Terms of Use, the Website, or our services, including reports of non-functioning links, must be submitted in writing to the following address: j.jutras@orthesestalaria.com.