TERMS AND CONDITIONS OF THE WEBSITE OMNITRANS.COM
Omnitrans is the owner of the material contained on the Website. The material on this Website including, without limitation, this text, images, graphics, sound, pictures and software (collectively, the “Content”) is protected by copyright and trademarks laws. You may not copy, reproduce, manipulate, alter, modify, create derivative works from, distribute, republish, upload, post, transmit or publicly display the Content in any way whatsoever without the prior written consent of Omnitrans.
Limit of Liability
Subject to applicable laws, Omnitrans, its subsidiaries, associates, employees, consultants, representatives or licensors shall in no way be liable for damages of any nature whatsoever, including direct, indirect, exemplary, special, punitive, incidental or consequential damages, namely damages related to the loss of customers, savings, data or profits resulting from the use of or inability to use the Website or its Content, whatever the causes of said damages, whether as a result of a contract (including breach of contract), tort law (including negligence) or otherwise, even if Omnitrans knew or should have known the possible occurrence of such damages.
Disclaimer of Warranty
The Website and the Content are provided “as is” and “as available” without any warranty of any kind, expressed or implied. To the fullest extent permitted by applicable laws, Omnitrans declines any and all liability in respect of any warranty whatsoever, including any implied warranty of merchantability, of fitness for a particular purpose, of title, of peaceful enjoyment or of non-infringement in relation to the Website and its Content. Although Omnitrans attempts to ensure the accuracy, currency and completeness of the content, it cannot give any warranty whatsoever in respect of the Website or its Content, including any representation or warranty concerning i) the accuracy, reliability, completeness, timeliness or fitness for a particular purpose of the Website or its Content; ii) the fact that the operation of the Website will be without interruption or error; iii) the fact that defects or errors in the Website or its Content will be corrected; iv) the fact that the Website will be free of viruses, malware, worms or other harmful components; and v) the fact that the communications that pass through the Website will be safe or will not be intercepted. The user acknowledges that use of the Website and its Content is done so at his own risk and accepts full responsibility therefor.
The present Terms and Conditions are governed by, and interpreted in accordance with, the laws of the Province of Quebec as well as the laws of Canada regarding intellectual property and the protection of personal information, as applicable therein.
The user may not use the Website or allow it to be used for a purpose or in a manner contrary to the law or public order.
The user is responsible, to the complete exoneration of Omnitrans, for any information it publishes on the Website.
The user confirms that the information it provided on the Website is accurate and it undertakes to notify Omnitrans of any change thereto.
Omnitrans may, in its sole discretion, at any time and without prior notice, cancel or terminate a user’s right to use the Website or any part thereof. Upon termination, the user, once notified, will not be allowed to access the Website or any part thereof which has been cancelled or terminated. Restrictions on a user’s rights to access and use the Website and its Content, as described herein, shall survive said termination. Omnitrans shall not be liable to anyone whatsoever in respect of such termination.
Subject to any other agreement relating to the Content, this agreement constitutes the entire agreement between the user and Omnitrans with respect to the Website, its access and its use.
If any term or provision of this agreement should be invalidated by a competent court, it will be struck and the remaining provisions shall remain in full force. The user may not assign, convey, subcontract or delegate any rights, duties or obligations hereunder. It cannot be presumed that Omnitrans waived any rights or remedies hereunder unless such waiver is in writing and signed by Omnitrans. No delay or failure by Omnitrans in exercising its rights or remedies shall prevent it from doing so in the future and cannot be deemed as a waiver to do so. The punctual or partial exercise of a right or a remedy will not prevent Omnitrans from exercising other rights or remedies in the future. The failure by Omnitrans to enforce a specific provision of this agreement does not constitute a waiver by Omnitrans to enforce said provision in the future or to enforce any other provision of this agreement. The section titles in this agreement are provided solely to facilitate its reading and have no legal or contractual effect.
Collection and Protection of Personal or Confidential Information
Omnitrans is committed to protecting users’ personal and confidential information in accordance with the laws of the Province of Quebec and of Canada regarding the protection of personal information.
Omnitrans, through the Website, may be required to collect personal or confidential information from users in order, namely, to process and track shipments, to process and collect payments, to observe and register user preferences for future visits on the Website, to ensure the optimization of the services offered on the Website or to use the information, anonymously, in the field of marketing and to conduct polls or user surveys, etc. By registering on the Website, the user is deemed to have accepted the collection of its personal information by Omnitrans for these purposes.
Omnitrans agrees not to disclose such personal or confidential information, directly or indirectly, nor reproduce, process or otherwise make use of said information for purposes other than those described hereinabove, without the prior consent of the user.
Notwithstanding the foregoing, Omnitrans may be obligated by law or by a court to disclose such personal or confidential information in a public proceeding.
For questions and comments regarding these Terms and Conditions, please contact us.