Last revised March 4, 2022
11908537 Canada Inc. (the "Company" or "we") agrees to provide the Services to you free of charge (as defined below) through its website (the "Platform") subject to the following terms and conditions and your compliance with them.
The "Services" consist of collecting your Data (hereinafter described) and transmitting it to Contractors (defined below) of the Category (defined below) and, if applicable, the geographical region that you have requested in your request to invite them to communicate with you (these Services are limited in the manner described above), to make Content available to you (defined below) and to provide you with various related services. For the purposes hereof, your use of the Services also includes accessing the Platform.
Your "Data" is the personal information you provide to us when accessing the Platform or using the Services, including, but not limited to, the following Data:
- any information that establishes your identity, including, your first and last name, address, email address and telephone number (which you will need to ensure are updated);
- a description of your renovation or improvement project (the "Project"); and
- photos, plans, sketches, drawings or other such documents.
The "Categories" are established by the Company and the contractor references available for each of the Categories is constituted according to the Category(ies) declared by the Entrepreneurs when registering for our services. The "Contractors" are independent contractors and are in no way the partners, co-contractors, agents or employees of the Company. We have not carried out any verification as to the status, qualifications and skills of the Contractors and it is up to you to confirm the Contractor has the skills and capacity to take charge of the Project.
Once we have contacted the Contractor and transmitted your Data, it will be the responsibility of that Contractor to contact you directly to discuss the Project and, if applicable, to provide you with a quote and it will be your responsibility to collect all relevant information for your purposes from the Contractor directly. It will also be your responsibility and that of the Contractor to agree on the terms and conditions of the provision of services and the supply of materials for the realization of the Project (the "Renovation Contract").
General terms and conditions
Other terms and conditions regarding specific Services may be displayed elsewhere in the Platform, by using such Services after such terms and conditions have been posted, you agree that additional or different terms and conditions from these terms and conditions apply to your use of such Services.
Some jurisdictions do not allow terms and conditions to be governed by the laws of another jurisdiction or prohibit the conferral of jurisdiction on one territory. Therefore, the laws of Quebec may not apply to you and the aforementioned courts may not have exclusive jurisdiction.
In any case, the application of the United Nations Convention on Contracts for the International Sale of Goods, also known as the Vienna Convention, and any local law for the implementation of that Convention is hereby expressly excluded.
The Company may, at any time, assign, in whole or in part, its rights and obligations in accordance with these Terms and Conditions.
All articles, text, illustrations, images, photographs, information, audio clips, video clips, software and code available in the Services, including their arrangement and compilation, (the "Content") as well as Trademarks (defined below) and Intellectual Property (defined below) are protected by Canadian and foreign laws, including copyright laws, and are the property of the Company, its affiliated entities, its licensors or the person recognized as the provider of the content.
You agree to comply with all other copyright notices, information or restrictions on or in the Content that you may access through the Services. La Company grants you a non-exclusive and non-transferable license to use and display the Services on your computer or other electronic device solely for the purpose of representation on a single-user screen or on a mobile device and reproduction, in one copy, for backup copy or print on paper, personal and non-commercial, provided that you do not modify the Content and that you keep copyright notices. Modification, reproduction, distribution, transmission, dissemination, representation, reproduction, networking, marketing, publication, licensing, downloading, creation of derivative works, display on the Internet, sale or any exploitation of the Services or Content, including, without limitation, by keeping in a cache server, framing or other similar means, are prohibited.
All software embedded in or contained in the Services , including, without limitation, any type of source code, and all files or images contained in or generated by such software, are protected by copyright and may be protected by other rights. All such software is owned by the Company, its affiliated entities or its licensors.
Unless clearly stated otherwise in the Services, nothing in the Services shall be construed as conferring on you any right, title, interest or other license in the Content, Trademarks, Intellectual Property and software incorporated into the Services or that may be downloaded from the Services. , including, without limitation, any intellectual property rights in the software.
Notice alleging copyright infringement
If you believe that your work or content has been copied and published on the Services in a way that constitutes copyright infringement, please provide the Company with a written notice containing the following information, in accordance with Canada's Copyright Act:
- a description of your copyrighted work whose copyright has allegedly been infringed;
- a description of the page of the Services where your copyrighted work is allegedly infringed;
- a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- your name, address, telephone number and email address (if applicable); and
- a statement that the information set out above and included in your notice is accurate, and that you are the copyright owner or a person authorized to act on its behalf.
Brands of Commerce and Propriété Intellectuelle
"Clic me Voilà" is a trademark of the Company. This and other names, words, titles, phrases, logos, designs, graphics, icons and marks displayed in the Platform) may constitute trademarks of the Company (the "Trademarks or Third Party Marks. The Trademarks may not be copied, imitated or used without the prior written consent of the Company.
Except as expressly provided herein, nothing contained in the Services shall be construed to grant anyone any license or right to use trademarks or any copyright, trade secret or other intellectual property right of the Company (the "Intellectual Property").
If you are under the age of 18, you are not authorized to use the Services. By using the Services, you represent and warrant that you are 18 years of age or older.
Unless there are specific written regulations or procedures of the Company in this regard providing for other terms, when a user submits messages, data, text, photographs, images, and other materials to the Company, the user grants the Company an unlimited, irrevocable, non-exclusive, perpetual, royalty-free worldwide license. (i) the use, reproduction, storage, adaptation, translation, modification, creation of derivative works, transmission, distribution or making available to the public of its content for any purpose; and (ii) sub-licensing to third parties the unlimited right to exercise any of the foregoing rights.
In addition to granting the aforementioned license, the user hereby : (i) waives all moral rights in its content; (ii) consents to the appearance of his or her name, address and e-mail address for such content, if any, and to the disclosure or display of such information; iii) acknowledges and agrees that the Company shall not be liable for any loss, damage or corruption of such content; and (iv) acknowledges and agrees that the presentations that are transmitted for display in the Platform or that the user submits to the Company will be considered non-confidential.
You represent and warrant to the Company that: (i) your content is original; (ii) your content does not infringe any intellectual property rights, including but not limited to copyright; (iii) you are the sole owner of all intellectual property rights, including, without limitation, copyright, in your content or, where applicable, you have obtained the written permission of the owner to submit your content; iv) your content does not violate a third party's right to privacy or image; (v) your content is true, accurate, current and complete to the best of your knowledge; and (vi) your content is not otherwise illegal.
Integrity and Accuracy of Information and Disclaimer of Warranties
La Company strives to ensure that the information and Content made available by the Company in the Platform and through the Services is complete, accurate and up-to-date. This information and Content comes from sources that the Company deems reliable, and is regularly updated. However, they may contain inaccuracies, omissions, typographical errors or other shortcomings. All images, text and prices shown in the Services are based on the most recent information at the time of being placed in the Services.
Accordingly, the Services and all of their Content are made available to users "as is", and the Company makes no representations or warranties of any kind, express or implied. Without limiting the generality of the foregoing, the Company makes no warranty as to the operation of the Services, the information, content, documents or products contained therein, the availability or stability of the Content of the Services, the possibility of accessing them, the absence of viruses or the accuracy, the reliability, accuracy, legality, integrity, completeness, performance or fitness for a particular purpose of the information offered, including that relating to the Company's partners, legislation or regulation or the availability of the services described. To the fullest extent permitted by law, the Company disclaims all representations and warranties, including, for example, warranties of merchantability and fitness for a particular purpose. In addition, the Company does not represent or warrant that the information accessible in the Services is accurate, complete or up-to-date. The user is requested to take note that the Services are regularly subject to technical maintenance operations, which may limit or prevent access to them temporarily or for a long time.
The Services are accessible through the web network and in standard web formats . La Société reserves the right to modify these formats at any time and it is the user's responsibility to obtain at his own expense access to the Internet as well as all the software necessary to access the Services. La Company reserves the right to correct any errors or change the Content without notice. In its sole discretion, in addition to all other rights and remedies available to it, and without incurring any liability, in any way, the Company may, at any time and without notice, interrupt or restrict access to any element of the Services.
La Company is not liable for damages of any kind whatsoever arising from the use of the Services or the Renovation Contract. The Company, its affiliates, partners or licensors are not liable for any direct or indirect damages, including loss of revenue, customers or data, attributable to the use of or inability to use or access the Services, including the content and products presented therein. This limitation applies, in extra-contractual or contractual matters, even if the Company has been advised of the possibility of such damages. This is a complete limitation of liability that applies to all types of damages, including direct, indirect, incidental, punitive or consequential damages, loss of data, revenue or profit, loss of property or damage to property and claims of third parties.
You agree to keep your access codes (user ID and password) confidential and will be responsible for any use thereof, authorized or not, including the Renovation Contract that may be concluded on your behalf.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Therefore, some of the limitations set out above may not apply to you.
At its request, you agree to indemnify and hold harmless the Company, its affiliated entities, partners, subsidiaries or licensors and their employees, contractors, agents and officers, in the event of their liability, as well as claims and expenses (including the extrajudicial fees of their legal advisors) arising from your use or errors in the use of the Services . To the extent possible, you agree to cooperate with the Company in its defense in any matter in which you should provide compensation.
Interactions with third parties
Without limiting the generality of any other provision herein, you agree that you are solely responsible for your interactions with any person in connection with the Services, including the Entrepreneur, and that the Company shall have no liability in this regard. The Company reserves the right, but has no obligation, to engage in any way in disputes between you and any person in connection with the Services or in connection with the Construction Contract.
Link to third-party websites and third-party mobile applications
Acceptable Use and Prohibitions
You agree not to use the Services to: (a) email or otherwise upload any content (i) that violates any intellectual property or other proprietary rights of any party; (ii) that you do not have the right to upload under any law or contractual or fiduciary relationship; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a risk to the privacy or security of any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities or sales, "junk mail", "spam", "chain letters", "pyramid schemes", "contests", "sweepstakes" or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, intrusive, hateful or racially, ethnically or otherwise objectionable; or (vii) that is objectionable or restricted or prevents any other person from using or enjoying the Services, or that may expose the Company or its users to any prejudice or liability of any kind; b) disrupt the Services or servers or networks connected to the Services, or violate any requirements, procedures, policies or regulations of networks connected to the Services; (c) violate any applicable local, provincial, national or international law, or any regulation having the force of law; (d) impersonate any person or entity, or falsely claim to be affiliated with or otherwise misrepresent that affiliation; (e) solicit personal information from minors; f) collect or collect the email addresses or other contact information of other users of the Services electronically or otherwise for the purpose of sending unsolicited emails or other unsolicited communications; (g) advertise or offer to sell or buy goods or services for any commercial purpose that is not expressly authorized; (h) facilitate or promote any criminal activity or enterprise or provide instructions relating to illegal activities; i) penetrate, violate, avoid or otherwise hack the security controls implemented by the Company; (j) obtain any material or information, or attempt to access any material or information, or otherwise obtain any material or information by any means offered or intended unintentionally through the Services or (k) create or use a false identity.
Without limiting the foregoing, under no circumstances may you send commercial electronic messages, within the meaning of Canada's Anti-Spam Legislation, through the Services. In addition, you may only send invitations or other messages, through the Services, to persons with whom you have a family or personal relationship, within the meaning of Canada's Anti-Spam Legislation.
Termination and Modifications
Questions, comments, suggestions or complaints
If you have any questions or subjects to these Terms, you may contact the Company in writing by email or mail at the contact information below:
Click here I am!
60 Bouchard Street