Terms of Use
These Terms of Use (the “Agreement”) are made between you as the user of the platform (“User”, “you”, “your”) and Amilia Enterprises Inc. or any of its affiliates, as applicable (“Amilia”, “we”) and governs your use of the Amilia SmartRec platform (the “Platform”) as well as your own account within such (the “User Account”), which can include your personal information as well as personal information of beneficiaries under your supervision, as defined below. Please read this Agreement carefully. Use of the Platform and the User Account is conditional on acceptance of all of the terms of this Agreement.
BY COMPLETING THE USER ACCOUNT CREATION PROCESS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND EXPRESSLY AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS, AND ANY OTHER TERMS AND CONDITIONS, NOTICES AND DISCLAIMERS DISPLAYED ELSEWHERE ON THE PLATFORM, ON AMILIA’S WEB SITE OR IN YOUR USER ACCOUNT.
PLEASE ALSO REVIEW AMILIA’S PRIVACY POLICY (“PRIVACY POLICY”) WHICH IS HEREBY INCORPORATED BY REFERENCE.
We reserve the right in our sole discretion to revise and update the terms of this Agreement from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. Your continued use of the Platform and your User Account shall be your acceptance of such updated Agreement.
1. Merchants
The Platform allows you to engage with merchants who use the Platform as their e-commerce platform (“Merchants”) allowing you to, amongst other, find, register or pay for services and goods with one or many of these Merchants. You acknowledge and agree that these Merchants, although they are customers of Amilia, are independent third parties over whom Amilia has no control. Amilia is not responsible for the goods or services offered by the Merchants and Amilia makes no representations or warranties about these Merchants or their goods or services. Your engagement with the Merchants and any agreement between you and a Merchant is strictly between you and the Merchant.2. User
By creating your User Account, you represent and warrant that you are at least 14 years of age. However, your local jurisdiction may have laws and regulations stating a higher minimum age requirement for obtaining a credit card, meaning that although you may have a User Account your use of such may be limited by applicable laws. You acknowledge that Amilia will be collecting personal information about you, and your Beneficiaries should you decide to add same under your User Account, which may include sensitive information, such as your name, date of birth, address, credit card information, etc., as further detailed in our Privacy Policy. By providing such information onto the User Account you consent to the collection of such information and hereby authorize Amilia to use or disclose any such information consistent with Amilia’s Privacy Policy, to Amilia’s representatives, agents and to any Merchant to whom you direct the disclosure of such information (or any part thereof) as part of your use of the Platform.
You agree to provide accurate, complete and current information, as requested. You undertake to advise Amilia of any changes to such information by periodically updating the information in your User Account.
The User Account is provided free of charge to you.
3. Access to the User Account
You may choose to add other people or legal entities as beneficiaries within your User Account (“Beneficiaries”). You represent and warrant that you have the legal authority, as parent, tutor or otherwise, to provide Amilia with information regarding such Beneficiaries or otherwise are expressly authorized by such people or legal entities to provide and use such information as contemplated hereunder. You represent and warrant that you have obtained the consent of each Beneficiary to share their personal information with us and the other Beneficiaries and that each Beneficiary understands and agrees that you, the other Beneficiaries, Amilia and its representatives, agents and Merchants may, in compliance with Amilia’s Privacy Policy, have access and may use and/or disclose this information in connection with the services requested. You understand that should you wish that your Beneficiaries no longer have access to the User Account, you are responsible for revoking their access by removing their names from your User Account.
In the case where you are a Beneficiary, by accepting access to the User Account as a Beneficiary, you acknowledge and agree to these Terms of Use governing your use of the Services and confirm your consent to the sharing of your personal information with the other Beneficiaries of the same User Account, Amilia and its representatives, agents and Merchants, in compliance with Amilia’s Privacy Policy and these Terms of Use.
All login information, such as username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your User Account from a public or shared computer so that others are not able to view or record your password or other personal information. Please ensure that you logout from your User Account at the end of each session. You are responsible for any password misuse or any unauthorized access. If you suspect any unauthorized access or use of your User Account, you must immediately change your password and notify Amilia. You agree that, until you have notified Amilia of a suspected unauthorized access or use, Amilia shall process any instruction that has been transmitted using your password as having been authorized by you and shall have no obligation to inquire into the propriety of such instructions.
4. User Responsibilities
You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of the information entered into the User Account and all activities of the User Account; (ii) use reasonable efforts to prevent unauthorized access to, or use of, your User Account and notify Amilia promptly of any such unauthorized use; and (iii) comply with all applicable laws and regulations in using the Platform and the User Account.
You understand and agree that the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, design, presentation, layout, selection, and arrangement, are owned by Amilia, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
During the term of this Agreement, Amilia grants you (for you or for and on behalf of the Beneficiaries) a non-exclusive, non-transferable, non-sub-licensable right and license to use the User Account solely for non-commercial purposes as contemplated by this Agreement. You agree that you will not: (i) license, sublicense, sell, resell, rent, lease, assign, distribute, timeshare or otherwise commercially exploit or make the User Account available to any third party, other than as contemplated by this Agreement; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable law; (iii) send or store infringing, obscene, threatening, libelous or otherwise unlawful or material which gives rise to a delict or is otherwise tortuous, including material violating third party rights including, but not limited to, privacy rights; (iv) send or store material containing software viruses, worms, Trojan horses or harmful computer codes, files, scripts, agents or programs; (v) interfere with or disrupt the integrity or performance of the Platform or the data contained therein; (vi) attempt to gain unauthorized access to the Platform or its related systems or networks; (vii) modify, copy or create derivative works; (viii) create internet “links” to or from the Platform or the User Account, or “frame” or “mirror” any content forming any part of the Platform or the User Account other than for your own use; (ix) disassemble, reverse engineer or decompile the User Account or the Platform for any purpose or reason; (x) access content and data that is not intended for you; (xi) attempt to breach or breach any security and/or authentication measures; or (xii) send or store any information relative to a person that is not you or for which you have legal authority or consent.
We reserve the right at any time, without notice, to disable or terminate your User Account, any username, password, any information about a Beneficiary, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including without limitations, any violation of any provision of this Agreement. Amilia reserves the right to not re-activate a User Account or create a new User Account for any person, at its sole discretion for any or no reason, including without limitations, any violation of any provisions of this Agreement.
5. Termination
This Agreement is effective upon creation of your User Account and will remain in effect until you or Amilia close your User Account. You may close your User Account at any time, without cause, by providing Amilia with a 15-day prior written notice by sending your request to: support@amilia.com . Your request will be treated in accordance with applicable laws and our internal policies.
If your User Account remains inactive for a period of 12 months or more, Amilia reserves the right, in its sole discretion, to close your User Account, and terminate your access without notice. You will be permitted to re-open your User Account at any time, except as otherwise provided in this Agreement.
6. Warranty and Disclaimer
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, YOUR USER ACCOUNT, AND ANY SERVICES OR GOODS FOUND OR ATTAINED THROUGH THE PLATFORM, NOTABLY THOSE OF ANY MERCHANT, IS AT YOUR OWN RISK. THE PLATFORM AND THE USER ACCOUNT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND AMILIA MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE PLATFORM, THE USER ACCOUNT OR ANY GOODS OR SERVICES OFFERED BY A MERCHANT FOUND OR ATTAINED THROUGH THE PLATFORM, INCLUDING, BUT NOT LIMITED TO: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTY THAT THE PLATFORM OR THE USER ACCOUNT IS FREE FROM ERROR, THAT IT WILL PERFORM WITHOUT INTERRUPTION, THAT IT WILL BE COMPATIBLE WITH YOUR EQUIPMENT, SOFTWARE OR OPERATING SYSTEM CONFIGURATION, OR THAT IT WILL MEET YOUR NEEDS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER AMILIA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE PLATFORM, THE USER ACCOUNT OR THEIR CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER AMILIA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE PLATFORM, THE USER ACCOUNT, THEIR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM, THE USER ACCOUNT OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ANY SERVICES PROVIDED OR TO BE PROVIDED BY A MERCHANT FOUND OR ATTAINED THROUGH THE PLATFORM WILL BE FIT FOR ANY PURPOSE, WILL MEET YOUR (OR THE BENEFICIARIES) NEEDS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM OR THE USER ACCOUNT WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM, THE USER ACCOUNT AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR THE USER ACCOUNT, TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON EITHER OF SUCH, OR ON ANY WEBSITE LINKED TO EITHER OF SUCH.
7. Indemnity
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Amilia, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of this Agreement or your use of the Platform or the User Account, other than as expressly authorized in this Agreement.
8. Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL AMILIA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE PLATFORM OR THE USER ACCOUNT.
9. General Provisions
a. Governing Law and Jurisdiction
This Agreement shall be governed by and construed exclusively in accordance with the laws of the Province of Québec, and the federal laws of Canada applicable thereto without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Québec or any other jurisdiction) and notwithstanding your domicile, residence, or physical location. The Parties hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Québec, Canada, District of Montréal. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
b. Entire Agreement
This Agreement contains the sole and entire agreement and understanding between Amilia and you with respect to the use by you of the Platform and the User Account and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
c. Severability
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
d. Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
e. Language
A French version is available here https://www.amilia.com/fr/lega.... Une version en français est disponible ici https://www.amilia.com/fr/lega...
Last modified: January, 2024