Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, PK-9 and/or its licensors own the intellectual property rights in the website and material on the website, including but not limited to trade-names, trade-marks, patents, logos, images, processes, and phrases. Subject to the license below, all these intellectual property rights are reserved.
You may view pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish any material from this website (including republication on another website);
- sell, rent or sub-license material, including but not limited to copyrights, trade-marks, trade-names, and any moral rights from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for personal and/or commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute any material from this website.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without PK-9’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without PK-9’s express written consent.
Restricted access
Access to certain areas of this website is restricted. PK-9 reserves the right to restrict access to any areas of this website, or indeed this entire website, at PK-9’s discretion.
If PK-9 provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
PK-9 may disable your user ID and password in PK-9 sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation name, address, phone, fax, e-mail, other text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to PK-9 a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to PK-9 the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or PK-9 or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
PK-9 reserves the right to edit or remove any material submitted to this website, or stored on PK-9 servers, or hosted or published upon this website.
Not withstanding PK-9’s rights under these terms and conditions in relation to user content, PK-9 does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. PK-9 makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, PK-9 does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
PK-9 will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if PK-9 has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit PK-9 liability in respect of any:
- death or personal injury caused by PK-9 negligence;
- fraud or fraudulent misrepresentation on the part of PK-9; or
- matter which it would be illegal or unlawful for PK-9 to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Third Party Links
PK-9 shall not be held responsible for any content posted under third party links, regardless of its intended use, and the user hereby waives any such right of claim in connection with such links. PK-9 does not know whether or not such contents is age appropriate, and when and if the content of such links may have changed into content we do not agree with and/ or into content we can not endorse. We can only try to assure that all links are up-to-date, but we can not guarantee this, and shall consequently not be held liable for it.
Ownership of copyright and related intellectual property
The copyright and other related intellectual property in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by PK-9 and its licensors.
Copyright license
PK-9 grants to you a limited worldwide non-exclusive royalty-free revocable license to:
- view this website and the material on this website on a computer or mobile device via a web browser;
PK-9 does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without PK-9’s prior written permission.
Data mining
The automated and/or systematic collection of data from this website is prohibited.
Permissions
You may request a permission to use the copyright materials on this website by writing to info@pk9.org. It shall be upon PK-9’s sole discretion to grant such a permission. Failure to provide a response to your request shall in no event be construed to be considered a permission of use, or license in any way whatsoever.
Enforcement of copyright and intellectual property
PK-9 and its licensors take the protection of its copyright and other related Intellectual Property (IP) very seriously.
If PK-9 discovers that you have used its copyright materials or related Ips in contravention of the license above, PK-9 may bring legal proceedings against you seeking significant monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of PK-9’s copyright materials that contravenes or may contravene the license above, please report this by email to info@pk9.org.
Infringing material
If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to info@pk9.org.
Privacy Statement
Your privacy is important to PK-9. This privacy statement provides information about the personal information that PK-9 collects, and the ways in which PK-9 uses that personal information.
Collection and use of personal information
PK-9 may collect and use your personal information to:
- administer this website;
- personalize the website for you;
- enable your access to and use of the website services;
- publish information about you on the website;
- send to you products that you purchase;
- supply to you services that you purchase;
- send to you statements and invoices;
- collect payments from you; and
- send you marketing communications.
Where PK-9 discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.
In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, PK-9 may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
Securing your data
PK-9 will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.
PK-9 will store all the personal information you provide.
Cross-border data transfers
Information that PK-9 collects may be stored and processed in and transferred between any of the countries in which PK-9 operates to enable the use of the information in accordance with this privacy policy.
In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.
You agree to such cross-border transfers of personal information.
Updating this statement
PK-9 may update this privacy policy by posting a new version on this website.
You should check this page occasionally to ensure you are familiar with any changes.
Other websites
This website contains links to other websites.
PK-9 is not responsible for the privacy policies or practices of any third party.
Contact PK-9
If you have any questions about this privacy policy or PK-9’s treatment of your personal information, please write:
- by email to info@pk9.org;
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website, and exit right away.
Other parties
You accept that, as a limited liability entity, PK-9 has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against PK-9’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect PK-9’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify PK-9 and undertake to keep PK-9 indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by PK-9 to a third party in settlement of a claim or dispute on the advice of PK-9’s legal advisers) incurred or suffered by PK-9 arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to PK-9 other rights under these terms and conditions, if you breach these terms and conditions in any way, PK-9 may take such action as PK-9 deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
PK-9 may revise these terms and conditions from time-to-time and without notice. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
PK-9 may transfer, sub-contract or otherwise deal with PK-9 rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions, together with the Terms & Conditions of the Sales Agreement, if applicable, constitute the entire agreement between you and PK-9 in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the Federal laws of Canada, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Montreal, QC, Canada. The use of this website in the province of Québec is hereby specifically not permitted.
