TERMS OF SERVICE
These general conditions of use apply to the site: GOMEMORA.COM
Last updated date: September 8, 2019
PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THE SITE
The following terms and conditions govern and apply to your use or use of the site maintained by GOMEMORA.COM (the “site”).
1. INTELLECTUAL PROPERTY
All intellectual property on the site, with the exception of user-generated content as defined below, is owned by us or our licensors and includes any material protected by copyright, trademark or patent. All trademarks are owned, registered and / or licensed by us. All Content on the Site, except User Generated Content as defined below, including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features and any other content, is a collective work under Canadian law or under any other copyright law and is the property of GOMEMORA.COM. The elements appearing on this site may not be copied, reproduced, republished, downloaded, displayed, transmitted, distributed, or modified, in whole or in part, whether in textual, graphic, audio, video or executable form, without our written permission.
All rights reserved.
2. USE OF COMPANY CONTENT
We may provide certain information to you as a result of your use of the site, including, without limitation, documents, data or information developed by us, or any other material that may assist you in using the site or services (the “Company Content”). Company Content may not be used for any purpose other than the use of the site and the services offered on the site. Nothing herein should be construed as granting you any license or intellectual property rights.
3. CONTENT GENERATED BY USERS
“User Generated Content” includes communications, items, information, data, opinions, photos, profiles, messages, notes, hyperlinks, textual information, designs, graphics, sounds or any other content that you and / or others Site users post or make available on or through the Site, except for content that is our property.
4. USER ACCOUNT AND USE OF THE ACCOUNT
If your use of the site requires an account that identifies you as a user of the site (a “user account”):
you are solely responsible for your user account, the maintenance, confidentiality and security of your user account and all passwords associated with your user account as well as the activity of any person who has access to your account with or without your permission;
you agree to notify us immediately of any unauthorized use of your user account, of services through your user account, of a password linked to your user account or of any other breach of security of your user or service account provided through your user account, and you agree to assist us, as we may ask you, to stop or remedy any breach of security related to your account; and
you agree to provide true, accurate, and current user information as we may request from time to time, and you agree to report to us any changes to your user information as required so that the information we hold are true, accurate and current.
When you make a purchase on the site, you agree to provide a valid payment instrument. Pay attention to the details of the transaction since the total price may include taxes, fees and shipping costs for which you are responsible.
When you provide us with a payment instrument, you represent that you have permission to use that payment instrument. When you make a payment, you authorize us and the payment service we use to charge the full amount to the payment instrument you have designated for the transaction. You also authorize us to collect and record this payment instrument as well as any other information related to the transaction.
If you are paying by debit or credit card, we may obtain a pre-authorization from the card issuer in an amount up to the total amount of the transaction. If you choose to cancel a transaction before it is complete, the funds used for the pre-authorization may not be immediately available in your account.
In order to prevent any financial loss, we may contact the issuer of your payment instrument, law enforcement or any affected third party (including other users) and may share details of any payments you are associated with if we believe that such action could prevent financial loss or a breach of law.
Payment for any ongoing service will be billed automatically until you notify us that you wish to terminate the services.
6. SALE OF PRODUCTS AND / OR SERVICES
We may sell goods or services or allow third parties to sell goods or services on our site. We are committed to being as accurate as possible with all information about goods and services, including product descriptions and product images. However, we do not guarantee the accuracy or reliability of any information relating to any product and you acknowledge and agree that the purchase of such products is at your own risk.
For goods or services sold by third parties, we are in no way responsible for any product and can not make any warranty as to the merchantability, conformity, quality, safety or legality of such products. For any claim you may have against the manufacturer or seller of the product, you agree to pursue this cause of action against the manufacturer and / or seller and not against us. You agree to release us from all claims relating to goods or services manufactured or sold by third parties, including any claim regarding the warranty or liability of the manufacturer.
7. SHIPPING, DELIVERY AND RETURN POLICY
You agree to provide payment for all items that you may purchase from the site, and you acknowledge and agree that prices are subject to change. When you purchase a physical product, you agree to provide us with a valid email address and shipping address as well as valid billing information. We reserve the right to refuse or cancel an order for any reason, including an error or omission in the data you provide us. Where applicable, if the payment has already been processed, we will issue a refund of the purchase price. We may require additional information from you before confirming the sale and we reserve the right to place any additional restrictions on the sale of our products. For the sale of physical goods, we may pre-authorize your debit or credit card at the time you place the order, or we may charge your card at the time of shipment of the order. You agree to monitor your payment instrument. Shipping and delivery costs as well as expected delivery dates are subject to change due to unforeseen circumstances.
For any questions or disputes, you agree to contact us in a timely manner at the following email address:
In the event of a defect in the delivered product, please notify us within 3 working days of receipt. We will assess the situation together and come up with an arrangement or proceed with a new production. In such a case, you must return the goods to us in full so that we can proceed with a new production.
GOMEMORA excludes certain products from its return policy: products thus excluded cannot be returned or be the subject of a refund or exchange.
Excluded from GOMEMORA’s Return Policy:
Products which, upon sale, are cut or otherwise altered.
Products ordered especially for you.
Products in liquidation or final sale.
8. AFFILIATE MARKETING AND ADVERTISING
Through the site and its services, we may engage in affiliate marketing activities for which we receive a commission or a percentage of sales. We may also accept advertising or sponsorship from commercial enterprises or receive other forms of advertising compensation.
9. ACCEPTABLE USE OF THE SITE
You agree not to use the site for illicit purposes or for any other purpose prohibited under this clause. You agree not to use the site in any way that could harm the site, the services or the commercial activity of GOMEMORA.
You also agree not to use the site for the following purposes:
harass, abuse or threaten others or otherwise violate the rights of any person;
violate the intellectual property of GOMEMORA or any other third party;
download or transmit computer viruses or any other software that could damage the property of GOMEMORA or of others;
create or participate in illegal gambling, lottery or pyramid scheme activities;
post or distribute obscene or defamatory material;
publish or distribute any material that incites violence, hatred, or discrimination against any group; and or
illicitly collect information about others.
10. PROTECTION OF PRIVACY
By using our site, you may provide certain information to us. By using the site, you authorize us to use your information in Canada and in any country in which we may operate.
When you register for a user account, you provide us with a valid email address and you may also provide us with certain additional information, such as your name and / or billing information. Depending on your use of our site, we may also receive information from external applications that you use to access our site or we may receive information about you through various web technologies such as cookies. , histories, invisible pixels (also called “invisible GIFs”), tags and others.
We use the information collected from you to ensure that you have a good experience on the site. We may also track some of the passive information received to improve our marketing and analytics, and to do this we may work with third party vendors.
If you wish to block our access to any passive information that we receive from the use of various technologies, you can choose to disable cookies in your web browser. Please note that we will still receive information about you that you provide to us, such as your email address.
If you choose to terminate your account, we will store and retain your information for the following period of time: 1 month. After this time, all information about you will be deleted.
send and receive faxes on site
You have the opportunity to send and receive faxes from our site.
Faxes are sent within 24 to 734 hours.
The faxes received are placed in the client’s file within 24 to 734 hours, after payment for the receipt of the fax. After depositing the fax in your customer file, the fax file is deleted from our servers.
Faxes received, unclaimed, will be deleted within 7 days and it will not be possible to retrieve the fax file after this period.
Use of your photos, photo montages and templates
By adding a personalized item to your basket, we ask you, via a checkbox, for authorization so that MEMORA can use the photo (s) or photo montages, which can be used for the internal journal, the annual report, the website or for other advertising purposes, and accordingly, you agree not to take any recourse against MEMORA or its subsidiaries regarding the use of this (these) photo (s) or photo montage (s) by MEMORA, its subsidiaries or its employees.
11. DISCLAIMER OF LIABILITY
Our site exists for communications purposes only. You acknowledge and agree that any information published on our site is not intended to be legal, medical or financial advice and no fiduciary relationship has been created between you and GOMEMORA. You also agree that your purchase of any products or services from the site is at your own risk. We are not responsible in any way for advice or any other information conveyed on the site.
12. REVERSE ENGINEERING AND SAFETY
You cannot take any of the following actions:
reverse engineer or disassemble any code or software on or from this site;
violate or attempt to violate the security of the site by any unauthorized access, bypassing encryption or any other security tool, exploitation of data or interference with any host, user or network.
13. DATA LOSS
We are not responsible for the security of your user account or the contents of your account. Use of the site is at your own risk.
You agree to defend, indemnify and hold GOMEMORA and its affiliated companies harmless against any claim, suit or demand, including attorneys’ fees, which may arise out of or relate to your use or abuse of the site, your violation of the present or your conduct and actions. If we choose to do so, we will choose our lawyer and participate in our own defense.
15. POLICY ON SPAM
You are strictly prohibited from using the site or any service offered on the site for illegal activities related to spam, including collecting addresses and personal information of others or sending commercial emails from mass.
16. THIRD PARTY LINKS AND CONTENT
We may post links to third party sites or services. We are not responsible for any damage or loss related to the use of the services of third parties linked to on our site.
17. INDEPENDENCE OF CLAUSES
If one of these clauses is recognized as illegal, declared null or inapplicable, in whole or in part, the inapplicable portion will not affect the validity and the applicability of the other clauses of these conditions of use.
18. SERVICE INTERRUPTIONS
We may have to interrupt your access to the site in order to perform maintenance work or unplanned emergency work. You agree that your access to the site may be affected by an unplanned or unanticipated unavailability, for any reason whatsoever, and that we will not be liable for any damages or losses arising from such unavailability.
19. TERMINATION OF USER ACCOUNT
We may suspend, limit or terminate your user account and your use of the site in our sole discretion, at any time, without notice and for any reason, including the operation or efficiency of the site or equipment or network owned by us or belonging to a third party that is disturbed by your use or abuse of the Site or if you have been or are currently in violation of the terms hereof. We will have no liability to third parties, including a third party supplier for any suspension, limitation or termination of your access to the site.
20. Intellectual property rights and copyright
Photographs, digital photographs and logos are subject to Canadian copyright law (RSC (1985), c. C-42) .
It is illegal to reproduce or use images produced by a professional or that are the property of a third person without their express consent. Consent is required whether it is a single image, part of an album, or incorporated on any media or product. You must have the rights or the express consent of the owner with respect to the rights to reproduce these images.
By confirming your order, you confirm that you are in possession of the rights or the express consent of the owner of the rights to the images forming part of your order. Written proof of your copyright or the consent of the owner (s) may be requested at any time. Failure to provide this proof may cause your order to be canceled.
21. Use of digital files sold
You can share and print digital files purchased from this site at your convenience. However, by downloading these images, you agree not to alter or modify the images, in part or in whole, for any reason whatsoever.
22. NO WARRANTIES
Although we have made reasonable efforts to ensure that the content on this site is accurate, we cannot guarantee that the content is error-free, up-to-date or complete. Under no circumstances can we be held responsible for any damage that may result from an error on the site.
We assume no responsibility for any damage resulting from the misuse of the content of the site. We also cannot guarantee that the site is available without interruption, without errors or omissions, or that defects will be corrected. It is also not possible to guarantee that the site and the servers which make it available are free of viruses or harmful components. The site and its content are provided “as is” and “as available” without any representation, warranty or condition of any kind, express or implied.
If you decide to subscribe to any services or features of the site that require a subscription, you agree to provide accurate and up-to-date information about yourself as required by the relevant registration or subscription process, and to ensure their accuracy by making the necessary updates as soon as possible. You agree to ensure the confidentiality of all passwords or other account identifiers that you have chosen or that will be assigned to you when registering or subscribing to GOMEMORA or its partners and to assume responsibility for with respect to all activities related to the use of these passwords or accounts. In addition, you agree to notify us of any unauthorized use of your password or member account. We can not be held responsible, directly or indirectly, for any loss or damage of any kind arising from your failure to comply with this provision or related to such failure.
You acknowledge that we may, in our sole and absolute discretion, and without notice, suspend, cancel or terminate your account, your use of or access to the site or any of its services, and withdraw and delete any information or content relating to the site or to one of the services offered (and terminating your use of it), for any reason whatsoever, including if we believe that you have violated these conditions. Further, you acknowledge that we will not be liable to you or to anyone as a result of any such suspension, cancellation or termination. If you are dissatisfied with GOMEMORA or any of its services, or any of these terms, rules, policies, guidelines or our practices relating to the operation of GOMEMORA or any of its services, your sole remedy is to stop using the site or service in question.
24. LIMITATION OF LIABILITY
We are not responsible for any damages you may suffer from your use of the site, to the fullest extent of the law. The maximum liability of GOMEMORA.COM arising from your use of the site is limited to one hundred (100) Canadian dollars or the amount paid to GOMEMORA.COM in the last six months, whichever is the greater. This is valid for any claim including, without limitation, loss of profits or income, indirect or punitive damages, negligence, civil liability or fraud of any kind.