General conditions of use of the platform Amatchi
Last update: july 2022
1. CONDITIONS OF USE
This Web Platform is operated by the company Amatchi Digital Platform Inc. (hereinafter, “Amatchi“, “We“, “Us”, “The Company“). Amatchi offers this Platform (hereinafter referred to as the “Platform”), including all information, tools and services available from it to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
Amatchi is a Platform where you, as an Organizer, can publish, offer, unique and diverse experiences, events, courses and workshops (hereinafter the “Activities”), all online. It is accessible through the Internet via url: https ://amatchi.com
Members who post and offer services are “passionate ” and Members who search, book or use services are “Participants“.
You understand and agree that by using the Platform, you are indicating that you have read and are bound by these Terms. By using the Platform, you agree to be bound by the terms and conditions set forth (hereinafter the “Terms“) as a User (“you“). In the event that the User does not agree to the Terms, the User shall not browse or trade on the Platform.
The Platform may amend the Terms at any time without notice and the amended version will be effective upon posting. The Terms may have been modified since your last visit.
The headings used in these Terms are for convenience and reference only. They do not affect the meaning or scope of the provisions they refer to.
All words and terms used in this Agreement shall be construed to include the masculine and feminine, and the singular and plural, as the context or meaning of this Agreement requires.
3. SCOPE OF CONDITIONS OF USE
This document contains the Conditions that govern the use of the Platform, as well as all the applications and services offered through the transactions made on it.
4. USER ELIGIBILITY
The User must have the legal capacity to consent to these Terms and Conditions and must be a natural person consenting in his or her own name or a legal entity duly represented by a person in a position and with authority to do so, in consideration of the law governing his or her place of domicile.
We reserve the right to deny access to the Services to any person at any time for any reason.
5. USER’S ACCOUNT
In order to use the Amatchi Platform you will be asked to choose, at the time of your first purchase, a User name and a password. The User will then be able to access the Contents, based on the Personal Information obtained. This account can only be used by the person who has contracted with the Platform for the services and who has provided the Confidential Information in this regard. It is a violation to give access codes to a third party who has not registered on the Platform.
6. LIMITATION OF LIABILITY OF THE PLATFORM
By using the Platform, you agree that any legal remedy or liability you seek for actions or omissions of other Users or other third parties is limited to a claim against such Users or other third parties that caused you harm and you agree not to attempt to impose any liability or seek any legal or financial remedy from the Platform or with respect to such actions or omissions.
7. COPYRIGHTS AND TRADEMARKS
User acknowledges that the information, documents, images, trademarks and other materials published on the Platform (collectively the “Intellectual Property“), which also includes the presentation and arrangement of the Intellectual Property on the Platform, and all information related thereto, are the sole property of the Platform. Any use of the Intellectual Property is prohibited without the prior written permission of the Platform.
Except in the specific case where the Platform grants a person a written license to use the Intellectual Property, no license or other right, express or implied, is granted to any person. Specifically, use of the Platform does not grant any right, title or interest of any kind in or to the Intellectual Property, including, but not limited to, logos, text and other trademarks owned by the Platform, and the Platform reserves all Intellectual Property rights therein.
The User acknowledges that the services and documents accessible free of charge or for a fee online are the exclusive property of the Platform and that downloading these elements, whether free of charge or for a fee, does not in any way grant the User the right to reproduce, distribute or sell them.
No Intellectual Property from the Platform may be copied, reproduced, published, displayed, transmitted, or distributed by any means, except that a single copy of the data may be downloaded onto a single computer for strictly personal, non-commercial use. Reproducing, copying, manipulating, or using this information without the prior written consent of the Legal Owner of this material may result in civil or criminal liability. Any other use of the Intellectual Property must have prior written permission from the Platform. Any modification or use for any other purpose is a violation of the Platform’s copyright and other proprietary rights. In particular, the use of the Intellectual Property on another Web Platform or in a networked computer environment is prohibited, unless the Platform agrees in writing.
User should contact the Platform to obtain the required consent and/or to obtain additional information about granting such consent by emailing firstname.lastname@example.org
8. RESTRICTIONS ON THE USE OF INFORMATION
No Information from the Platform may be copied, reproduced, published, displayed, transmitted, or distributed by any means, except that a single copy of the Information may be downloaded onto a single computer for strictly personal, non-commercial use. Reproducing, copying, manipulating, or using this information without the prior written consent of the legal owner of such materials may result in civil or criminal liability.
Any other use of the Information must be authorized in writing by the Platform. Any modification of the Information or use of the Information for any other purpose constitutes a violation of the copyright and other proprietary rights of the Platform. In particular, the use of the Information on another Internet Platform or in a networked computer environment is prohibited, unless the Platform agrees in writing. User should contact the Platform in order to obtain the required consent and/or to obtain additional Information on the granting of such consent, by emailing: email@example.com
In the event that the Platform grants a User a right to use the Information, such use is subject to the following conditions:
- It must be referenced as follows: “Reproduction authorized by the Platform:amatchi.com. All rights reserved.” ;
- All copyright and other proprietary notices must be kept intact;
- The Information may not be manipulated or altered in any way; and
- No graphic or design may be used without accompanying text.
9. USER FEEDBACK
Note that all User Information given to the Platform is considered the Property of the Platform. This includes all User communications, testimonials, contact information posted on the Platform. By submitting Information to the Platform, User grants the Platform a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and unrestricted right to reproduce, modify, publish, translate, and distribute such material in any manner deemed appropriate.
If, at our request, you submit specific content (e.g., to enter contests), or if, without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively “Feedback“), you grant us the right, at any time, and without limitation, to edit, copy, publish, distribute, translate, and otherwise use in any media any Feedback you send to us. We are not and shall not be liable for:
- (1) to maintain the confidentiality of comments;
- (2) to pay compensation to anyone for any comments provided;
- (3) to respond to comments.
We may, but are under no obligation to, monitor, edit or remove content that we believe, in our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any Intellectual Property or the Terms and Conditions.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any illegal, defamatory, offensive or obscene content, nor will they contain computer viruses or other malicious software that could in any way affect the operation of the Service or any related Web Platform. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are solely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments you post or that any other third party posts.
10. PRIVACY OF PERSONAL INFORMATION
11. VISITOR DATA
By visiting the Platform, Users give their permanent and irrevocable consent that certain information, which is not personal, may be collected, including, for example, the type of web browser used, the computer operating system and the domain name of the web platform or Internet service provider from which the User arrived at the Platform. This User data can be used to improve the content of the Platform and to help determine the features and services that matter most to Users.
12. USER FEES
The Platform User is responsible for any charges resulting from its use, such as, but not limited to, cellular data required to access the Platform and exceeding the data plans of a mobile device.
13. ACCURACY OF INFORMATION
User assumes all responsibility and risk for the use of the Platform. The Platform makes and will continue to make reasonable efforts to publish accurate and up-to-date information.
The Platform may contain inaccuracies or typographical errors that may be corrected, upon discovery, if deemed necessary by the Platform, without prior notice.
Neither the Platform, nor any of its employees, directors, officers, agents or third parties with whom it may from time to time be associated shall be liable for any direct, indirect or incidental damages arising out of the use or inability to use the Platform or for any errors or omissions in the information published on the Platform.
In the event that the User does not agree with the Conditions or is dissatisfied with the Platform or the information contained therein, the only alternative available to the User is not to use the Platform.
14. GENERAL LIMITED RESPONSIBILITIES
The Platform shall in no event be liable for service interruptions attributable to the characteristics and limitations of the Internet network, in particular in the event of interruption of access networks, technical performance and response times for consulting the digital content of the Platform. Due to the intrinsic characteristics of the Internet, the Platform offers no guarantee against the risks of misappropriation, intrusion, contamination or piracy of data, files and programs. It is the User’s responsibility to take all appropriate measures to protect its own data, files and programs, and to protect itself against computer viruses. The Platform or any affiliated party shall not be liable for damages, whether in Contract or Warranty, tort (including passive negligence) or strict liability or any other theory that may result from the use of the Platform. The Platform shall not be liable for any material that User deems offensive, indecent or objectionable. Despite the Platform’s best efforts, information may be missing and errors may occur.
15. OUTPUT LINKS
The Platform may link to web platforms that are outside the control of the company. A link should in no way be considered an endorsement by the Platform, which can in no way be held responsible for any damage that may occur as a result of a visit to a page through an outbound link.
We are not required to review or evaluate the content or accuracy of these Platforms, and we do not warrant or assume any responsibility for any content, Web Platform, product, service or other item accessible on or from these third-party Platforms.
We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with these third-party Web Platforms. Please read the policies and practices of the third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be submitted to these third parties.
16. ILLEGAL USE
In addition to the prohibitions set forth above, you are prohibited from using the Platform or its content:
- for illegal purposes;
- to induce others to perform or take part in illegal acts;
- to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation;
- to infringe or violate our or third parties’ intellectual property rights;
- to harass, abuse, insult, harm, defame, slander, denigrate, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated, independent, or Internet Web Platform;
- to collect or track the Personal Information of others ;
- to phish, hijack a domain, extort information, browse, explore or scan the Web (or any other resource);
- for obscene or immoral purposes; or
- to violate or circumvent security measures of our Platform, any other Web Platform, or the Internet. We reserve the right to terminate your use of the Service or any related Web Platform for violating the prohibited uses.
It is unlawful to use the derivatives and services of the Platform for destructive purposes, such as, but not limited to, attempting to damage, disable, overburden or otherwise impair the Platform.
Accessing or attempting to access Information made available to the User unintentionally is illegal and may result in civil or criminal liability.
The User agrees to indemnify and hold harmless Amatchi, our content providers, affiliates, partners, officers, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents referenced herein, or your violation of any law or the rights of a third party.
18. APPLICABLE LAW
The Platform is operated from the province of Quebec, Canada. Any dispute that may arise between a User and the Platform shall therefore be governed by the laws applicable in the province of Quebec, district of Iberville.
19. WRITTEN DOCUMENT
The User may keep a copy of this written document to accompany the agreed Service Agreement by printing it. In addition, these General Conditions of Use of the Platform are available at all times on the Platform and can be consulted for this purpose.
20. USER SERVICE
User’s questions regarding this document may be submitted by email to firstname.lastname@example.org