Interpretation and Definitions
Interpretation
The words with capitalized initial letters have specific meanings as defined below.
These definitions apply consistently regardless of whether they are used in the singular
or plural form.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by, or
is under common control with a party, where “control” means ownership of 50% or
more of the shares, equity interest, or other securities entitled to vote for
election of directors or other managing authority.
- Country refers to: Ontario, Canada
- Company (referred to as either “the Company,” “We,” “Us,” or
“Our” in this Agreement) refers to The Poirier Group, 703 Evans Ave Suite 401,
Toronto, ON M9C 5E9.
- Device means any device capable of accessing the Service, such
as a computer, cellphone, or digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred to as “Terms”) mean these
Terms and Conditions, which form the entire agreement between You and the
Company regarding the use of the Service.
- Third-party Social Media Service refers to any services or
content (including data, information, products, or services) provided by a third
party that may be displayed, included, or made available by the Service.
- Website refers to The Poirier Group's website.
- You means the individual accessing or using the Service, or the
company or other legal entity on whose behalf such individual is accessing or
using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement
between You and the Company. These Terms and Conditions set out the rights and
obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned upon Your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions apply to all
visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions.
If You disagree with any part of these Terms and Conditions, You may not access the
Service.
You confirm that you are over the age of 18. The Company does not permit those under 18
to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and
compliance with the Company's Privacy Policy. Our Privacy Policy describes Our policies
and procedures on the collection, use, and disclosure of Your personal information when
You use the Application or the Website and informs You of Your privacy rights and how
the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or
controlled by the Company.
The Company has no control over and assumes no responsibility for the content, privacy
policies, or practices of any third-party websites or services. You further acknowledge
and agree that the Company shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with the use
of or reliance on any such content, goods, or services available on or through any such
websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any
third-party websites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability,
for any reason, including but not limited to a breach of these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Regardless of any damages that You might incur, the entire liability of the Company and
any of its suppliers under any provision of these Terms shall be limited to the amount
actually paid by You through the Service or 100 USD if You haven't purchased anything
through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its
suppliers be liable for any special, incidental, indirect, or consequential damages
whatsoever (including, but not limited to, damages for loss of profits, loss of data, or
other information, for business interruption, for personal injury, loss of privacy
arising out of or in any way related to the use of or inability to use the Service,
third-party software, and/or third-party hardware used with the Service, or otherwise in
connection with any provision of these Terms), even if the Company or any supplier has
been advised of the possibility of such damages and even if the remedy fails of its
essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability
for incidental or consequential damages, which means that some of the above limitations
may not apply. In these states, each party’s liability will be limited to the greatest
extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” with all faults and defects,
without warranty of any kind. To the maximum extent permitted under applicable law, the
Company, on its own behalf and on behalf of its Affiliates and its and their respective
licensors and service providers, expressly disclaims all warranties, whether express,
implied, statutory, or otherwise, with respect to the Service, including all implied
warranties of merchantability, fitness for a particular purpose, title, and
non-infringement, and warranties that may arise out of course of dealing, course of
performance, usage, or trade practice. Without limitation, the Company provides no
warranty or undertaking and makes no representation of any kind that the Service will
meet Your requirements, achieve any intended results, be compatible or work with any
other software, applications, systems, or services, operate without interruption, meet
any performance or reliability standards, or be error-free, or that any errors or
defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's providers
makes any representation or warranty of any kind, express or implied: (i) as to the
operation or availability of the Service, or the information, content, materials, or
products included thereon; (ii) that the Service will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information or content
provided through the Service; or (iv) that the Service, its servers, the content, or
emails sent from or on behalf of the Company are free of viruses, scripts, trojan
horses, worms, malware, time bombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or
limitations on applicable statutory rights of a consumer, so some or all of the above
exclusions and limitations may not apply to You. In such a case, the exclusions and
limitations set forth in this section shall be applied to the greatest extent
enforceable under applicable law.
Governing Law
The laws of Ontario, Canada, excluding its conflict of law rules, shall govern these
Terms and Your use of the Service. Your use of the Application may also be subject to
other local, state, national, or international laws.
Disputes Resolution
If You have any concerns or disputes about the Service, You agree to first try to
resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of
the law of the country in which you are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to
the United States government embargo or has been designated by the United States
government as a “terrorist supporting” country, and (ii) You are not listed on any
United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision
will be changed and interpreted to accomplish the objectives of such provision to the
greatest extent possible under applicable law, and the remaining provisions will
continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or require performance of an
obligation under these Terms shall not affect a party’s ability to exercise such right
or require such performance at any time thereafter, nor shall the waiver of a breach
constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to
You on our Service. You agree that the original English text shall prevail in the case
of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any
time. If a revision is material, We will make reasonable efforts to provide at least 30
days’ notice before any new terms take effect. What constitutes a material change will
be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You
agree to be bound by the revised terms. If You do not agree to the new terms, in whole
or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can
contact us
