Terms and conditions
Last modification: May 6th, 2021
1. Acceptance of the terms of use
This is an agreement between Geosapiens Inc. ("Geosapiens"), owner and operator of the website accessible at http://www.e-nundation.com (the "Platform"), and you ("you"), a user of the Platform ("User"), and as identified in the attached invoice, if any.
By using the Platform, including the services offered on the Platform (the "Services"), you acknowledge and agree to these terms of use (the "Terms of Use") and Geosapiens' Privacy Policy, which is incorporated into this Terms of Use by reference. If you do not agree with the Terms of Use and the Privacy Policy, please immediately cease using the Platform and the Services.
The Platform is available only to users who can legally enter into binding contracts under applicable laws. By using or accessing the Platform, you represent and warrant that you are of legal age to use the Platform and the Services offered therein and that you are not prohibited from using them under applicable law.
2. Modification of the terms of use
2.1. Right to amend the Terms of Use.
To the fullest extent permitted by applicable law, Geosapiens reserves the right, in its sole discretion, to modify the Terms of Use ("Modified Terms of Use"), from time to time.
2.2. Notice of Modified Terms of Use.
Unless Geosapiens is making a change for legal or administrative purposes, Geosapiens will provide reasonable notice before the Modified Terms of Use become effective. You agree that Geosapiens may notify you of Modified Terms of Use by posting them on the Platform.
2.3. Acceptance of the Modified Terms of Use.
Your use of the Platform after the effective date of the Modified Terms of Use constitutes your acceptance of such Modified Terms of Use. You should review these Terms of Use and any Modified Terms of Use before using the Platform.
2.4. Effective date of the Modified Terms of Use.
In accordance with Section 2.1, the Modified Terms of Use shall become effective upon posting on the Platform or such later date as may be specified in the Modified Terms of Use and shall apply to your use of the Platform as of such effective date.
3. Use of the platform
3.1. Functionalities.
The Platform provides access to information and content to help users understand and assess the risk associated with river flooding to a property through information that is displayed directly on the Platform or on a flood risk report (the "Reports").
3.2. Access and use
During the term of these Terms of Use, Geosapiens grants you a limited, non-exclusive, non-transferable right to access and use the Platform, for your personal use, in accordance with the Terms of Use ("Authroized Purposes”).
3.3. Rules of conduct
You may not engage in the following prohibited activities:
3.3.1 Use the Platform for any purpose other than the Authorized Purposes;
3.3.2 Copy, distribute or disclose all or any part of the Platform in any medium, including by means of any web scraping tool or technique, whether automated or not;
3.3.3 Use an automated system, including crawlers and offline readers, to access the Platform;
3.3.4 Transmit, by means of the Platform, spam, chain letters or any other form of unsolicited email;
3.3.5 Attempt to interfere with the Platform servers, compromise the integrity or security of their systems or decrypt a transmission to or from them;
3.3.6 Take any action which, in Geosapiens' sole discretion, imposes or is likely to impose an unreasonable or disproportionately heavy load on the Platform's infrastructure;
3.3.7 Upload data, viruses, worms or other malicious software through the Platform;
3.3.8 Collect, extract or harvest information from the Platform that can be used to identify individuals (including user names);
3.3.9 Impersonate any person or otherwise misrepresent your affiliation with any person or entity, commit fraud, conceal or attempt to conceal your identity;
3.3.10 Interfere with the proper functioning of the Platform;
3.3.11 Access any content on the Platform using means or technologies other than those provided or authorized by the Platform;
3.3.12 Circumvent measures that Geosapiens may use to prevent or restrict access to the Platform, including features that prevent or restrict the use or copying of the Platform's content or that impose limits on the use that can be made of the Platform's content; or
3.3.13 Otherwise use the Platform in violation of any applicable law.
3.4. Investigation and prosecution.
Geosapiens reserves the right to investigate any violation of these Terms of Use and to pursue appropriate remedies to the fullest extent permitted by law. You acknowledge that Geosapiens has no obligation to monitor your access to or use of the Platform, but has the right to do so, in order to ensure compliance with these Terms of Use, applicable laws, injunctions, governmental requirements or other requirements.
4. Your account
4.1 Creating an account
Certain features of the Platform require the creation of a user account. When creating a user account, you agree to provide Geosapiens with true and complete information about yourself as required by the registration process, and to update such information as necessary to keep it accurate. You must also choose a unique and secure password. In the event of a breach of this Section 4.1, Geosapiens may terminate your right to use the Platform, at its sole discretion.
4.2 Responsibility for your account
You are entirely responsible for maintaining the confidentiality of your password and username. In addition, you are entirely responsible for any and all activities that occur through your account. You agree to immediately notify Geosapiens of any unauthorized activity that occurs under your account or any other breach of security.
4.3 Account security.
Geosapiens cannot guarantee that unauthorized third parties will never be able to circumvent the security measures of the Platform or that they will not make unlawful use of information on the Platform that you have provided to us and that could identify you ("Personal Information"). You acknowledge that you provide your Personal Information at your own risk.
4.4 Liability for misuse of the account.
Geosapiens shall not be responsible or liable, directly or indirectly, for any loss or damage of any kind incurred by you as a result of someone else using, with or without your consent, your password or username, or your account. You may also be held liable for losses incurred by Geosapiens or by a third party due to the use of your account, username or password by another person.
4.5 Use of other accounts.
You are prohibited from using another individual’s account at any time, except with the permission of the account holder as their authorized agent.
4.6 Account Termination.
Geosapiens reserves the right to delete any account that has been inactive for a period of at least one (1) year, as well as any data associated with such account. However, no data will be deleted without prior notice to the account holder.
4.7 Account Suspension.
You may suspend or terminate your account on the Platform for any reason, at your sole discretion and without notice, without liability to Geosapiens by contacting Geosapiens following the procedure available and described online on the website.
5. Licence
5.1
The Reports are licensed to you and are not provided for sale. Subject to your compliance with the terms and conditions of these Terms of Use and in particular the terms and conditions of Section 6, Geosapiens agrees to grant you a limited, non-exclusive, personal, revocable, non-transferable, fully-paid, royalty-free licence to view any Report you order via the Platform.
6. Fees to access the platform
6.1 Fees
Geosapiens may charge a fee for accessing the Platform or for receiving Reports. However, unless Geosapiens obtains your prior consent to pay such fees, no such fees will be charged. Fees will be prominently displayed on the Platform and in other appropriate places.
6.2 Rates
You shall pay all fees charged to your account at the rate in effect for the billing period in which they were incurred. You shall also pay all applicable taxes in connection with the use of the Platform through your account.
7. Products or services
7.1 Change to the Services and fees.
Prices of our products are subject to change without notice. Geosapiens reserves the right, at any time, to modify or discontinue the Services (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
7.2 Availability of digital files.
Geosapiens cannot guarantee the availability of digital files for additional downloads more than thirty (30) days after their purchase. The User is solely responsible for saving the said files for the purpose of conservation.
7.3 Compatibility.
Geosapiens does not guarantee that the Reports will be compatible with the device you are using or that the file will remain compatible with, among other things, your viewing program and the operating system of your device. Geosapiens does not provide any technical support other than for the display of digital files purchased on the Platform. In the event of a technical malfunction of the file that prevents the Report from being read within thirty (30) days of its receipt, Geosapiens may provide you with a new copy of the Report in the same format.
8. Intellectual property
8.1 Trademarks
All trademarks (including words, phrases and logos) used by Geosapiens to distinguish, or so as to distinguish, its own products or services from those of others, belong to Geosapiens. Geosapiens' trademarks may not be used, reproduced or imitated, in whole or in part, without the prior written permission of Geosapiens.
8.2 Copyright
All original works reproduced or published on the Platform are protected by copyright, including but not limited to the Reports. The owner of the copyright in each work reserves all rights therein. You acknowledge that it is an infringement for any person to do, without the consent of the copyright owner, any act that, under applicable law, only the copyright owner may do.
8.3 Other rights
The Platform, or any part thereof, may be protected by industrial designs or patents. Geosapiens reserves all rights to the Platform that are not expressly granted. You agree not to use, copy or distribute any content of the Platform or the Reports other than as permitted.
8.4 Feedback
Geosapiens shall be free to use, profit from, disclose, publish, keep secret or otherwise exploit any comments, suggestions or other ideas to improve or modify in any way the Platform or any other Geosapiens product or service ("Feedback"), without compensation or attribution to the User or any other person providing such Feedback.
8.5 Documentation
Geosapiens shall, from time to time, provide User with documentation, either online or in some other material form, describing the features, operation and use of the Platform (the "Documentation"). The User understands and agrees that he/she may reproduce and use the Documentation only as necessary to support his/her use of the Platform.
8.6 Digital works
The Reports are works protected by the Copyright Act. The User acknowledges and agrees to use these works only for personal, private purposes and may not charge a fee for reading or viewing them. Any reproduction, performance or making available contrary to these purposes constitutes an infringement of copyright and may result in legal action. The User agrees not to circumvent or otherwise infringe upon the technical protection measures of the Reports.
9. Hyperlinks
The Platform may contain hyperlinks to external websites that take you away from the Platform (the "External Sites"). You acknowledge and agree that Geosapiens is not responsible for the availability of such External Sites, nor for the accuracy of the Content, products or services available on such External Sites. Hyperlinks to External Sites do not imply any approval or endorsement by Geosapiens of such External Sites. You agree to assume all risks arising from your use of the External Sites. By using the Platform, you expressly release Geosapiens from any liability arising from your use of any External Site.
10. No warranty
10.1
The Platform is provided to you "as is", without warranty of any kind. To the fullest extent permitted by applicable law, Geosapiens disclaims all warranties, express or implied, including warranties as to merchantability or fitness for a particular purpose, non-infringement, accuracy, absence of error, accuracy of content, or availability. Geosapiens may update the Platform without prior notice to users. Although Geosapiens makes every effort to ensure that the information presented on the Platform is complete and accurate, Geosapiens cannot guarantee that such information is free of errors, omissions and inaccuracies. Geosapiens makes no warranty regarding the quality of the products, services or Reports obtained through the Platform.
10.2
Each Report is generated from information obtained from various data sources, which, although generally reliable, are not controlled by Geosapiens and the information you provide. Geosapiens therefore does not warrant the accuracy of the content of the Reports, which are provided "as is" and no warranty of any kind, implied or otherwise, is provided as to (i) the merchantability, fitness for a particular purpose or non-infringement of third party intellectual property rights and (ii) the accuracy, completeness, reliability or suitability of the information contained therein.
10.3
For greater clarity, you acknowledge that the Platform, the Services and the Reports are not infallible and therefore may contain errors that could lead to incorrect diagnoses, assessments and predictions and should not be used as the sole basis for any decision, particularly those aimed at preventing or limiting the risks and damages that may result. You acknowledge and agree that you are fully and completely responsible for the decisions you make in connection with your use of the Platform, the Services and the Reports, that it is your full and complete responsibility to obtain reliable, sufficient and up-to-date information and additional means to make an informed decision, and that the Platform, the Services and the Reports are only aids to decision-making.
11. Limitation of liability
You acknowledge and agree that you assume all risk arising from your access or use of the Platform and the Reports, whether such use is lawful or unlawful. To the fullest extent permitted by applicable law, Geosapiens, its affiliates, directors, employees, agents, licensors or successors and assigns, shall not be liable under any circumstances for damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in contract, tort or otherwise, arising directly or indirectly out of the use or performance of the Platform or the Reports, arising directly or indirectly from the use or performance of the Platform and the Reports, including any damage caused by or resulting from a User's reliance on any information obtained through the Platform, or resulting from any error, omission, interruption, deletion of files or emails, defects, viruses, delays in operation or transmission, or any failure in performance.
In all cases, to the fullest extent permitted by applicable law, Geosapiens' liability to you for losses, damages, and claims of any kind is limited to the amount you paid, if any, to access the Services, You acknowledge that if you have not paid any fees to use the Platform or the Services giving rise to the claim, your sole remedy shall be injunctive relief, except as otherwise provided by law, and you shall not be entitled to any other relief whatsoever, regardless of the cause of action.
12. Indemnification
By using the Platform, you agree to defend, indemnify and hold harmless Geosapiens, its affiliates and related companies, and their respective officers, agents, directors, employees, licensors and assigns, from and against any and all claims, demands, damages, liabilities, losses, costs, debts, expenses (including legal fees and disbursements) and settlement amounts arising out of or related to your use of the Platform or the Reports, or your violation of the Terms of Use or the rights of third parties. Geosapiens may assume the exclusive defence and control of any matter for which you have agreed to indemnify Geosapiens and you agree to assist and cooperate with Geosapiens in the defence or settlement of any such litigation.
13. Termination
13.1 Termination by Geosapiens.
To the fullest extent permitted by applicable law, and except in circumstances where applicable law prohibits such a provision, Geosapiens may terminate or suspend your access to or use of the Platform immediately, without notice and without liability, for any reason, including breach of these Terms of Use.
13.2 Effect of termination.
Upon termination of your access or right to use the Platform, your right to use or access the Platform shall immediately cease.
13.3 Survival
The provisions of these Terms of Use that by their nature should survive the termination of these Terms of Use shall survive such termination, including provisions relating to intellectual property, confidential information, lack of warranty, limitation of liability and indemnification. Termination of your access to and use of the Platform does not relieve you of any obligations prior to the termination and does not limit any liability you may have to Geosapiens or any third party.
14. Litigation
14.1 Class Action.
Except in circumstances where applicable law prohibits restrictions on a party's right to bring a class action, all claims must be brought by the parties on their own behalf, and not as a plaintiff or class member, in any proceeding by representation or in a class action and, unless the parties agree otherwise, an arbitrator may not join the claims of more than one person.
14.2 Injunction
Nothing in this section prevents the parties from obtaining interim relief or a safeguard order, such as an injunction or other relief deemed equitable, from a court of competent jurisdiction before or during the arbitration proceedings.
15. Newsletter or other communications from Geosapiens
When you provide Geosapiens with your email address through the Platform, you expressly consent to Geosapiens keeping your email address in its databases or using your email address in its mailing lists in order to communicate with you to (i) validate certain information related to your account, if applicable (ii) keep you informed of the status of your account; (iii) conduct surveys or audits of the Platform, including its functionality, usability, and your satisfaction with it; or (iv) for any other reason relating to the Platform or user safety.
We will obtain your express and specific consent before sending you any commercial communication, in particular for the purpose of presenting advantages, news or promotions offered by Geosapiens.
You may unsubscribe from the Geosapiens mailing list at any time by clicking on the link provided at the bottom of the e-mail or by contacting us at the following e-mail address info@geosapiens.ca and indicating that you no longer wish to receive such communications. Such withdrawal does not prevent the User from being bound by these Terms of Use.
16. Applicable laws
These Terms of Use and the use of the Platform and the Services shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada, excluding its conflict of laws provisions. Except in circumstances where applicable law prohibits the exclusive jurisdiction of a court, when you use the Platform or the Services, you agree that any dispute arising, directly or indirectly, from the Platform or the Services, from your use of the Platform or the Services or relating to these Terms of Use, shall be subject to the exclusive jurisdiction of the courts of the judicial district of Quebec.
17. General
17.1 Entire agreement
These Terms of Use and the Privacy Policy supersede any prior agreements between you and Geosapiens and constitute the entire agreement between you and Geosapiens.
17.2 Assignment
You may not assign or transfer these Terms of Use and Privacy Policy or any rights or obligations hereunder.
17.3 Waiver
Geosapiens' failure or delay in exercising any right, remedy, power or privilege under the Terms of Use shall not constitute a waiver of such right, remedy, power or privilege. To be valid, a waiver must be in writing and must be signed by Geosapiens. A written waiver of a default shall not be construed as a waiver of any other default or defect of the same nature that may occur in the future.
17.4 Invalidity or unenforceability
Even if one or more provisions of these Terms of Use or the Privacy Policy are found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of these Terms of Use or the Privacy Policy, and these Terms of Use or the Privacy Policy shall be construed as if the invalid or unenforceable provision had never been part of these Terms of Use or the Privacy Policy.
18. Contact us
Geosapiens values your comments and questions, which can be sent to info@geosapiens.ca