Terms of Use
Effective date: October 4, 2021
Camelion North America Inc. welcomes you to our Website. In this document, Website (the“Site”) including any subsite accessible through the homepage, is published and maintained by Camelion North America Inc. (“CNAI”) and/or its subsidiaries, affiliates and related entities. Please read the following terms of use before using the Site or any of the services available through the Website. If you do not agree with these Terms of Use, you should not access the Site nor download any part of its Content. Please note that when you enter any subsite accessible through this homepage or any other page, such subsite may have its own terms and conditions of use which are specific to such subsite. When you access, browse, or use this Site you accept, without limitation or qualification, the terms and conditions set forth in this Trademarks and Terms of Use and any additional terms and conditions of use set forth in any subsite.
Your Right to Use the Site and Its Contents
This Site is only for your personal and non-commerical use. You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with the terms of these Terms of Use, CNAI grants you a non-exclusive, non-transferable, limited right to enter, display, and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
Trademarks
There are a number of proprietary logos, service marks and trademarks (collectively the “Marks”) found on this Site. “Shell”, “Shell official Product Licensee” and the Shell logo are used under license. Other proprietary logos, service marks, and trademarks are the property of other owners. By making them available on this Site, CNAI is not granting you any license to utilize the Marks.
Ownership
All materials on this Site, including but not limited to audio, graphics, images, software, data, text, and video clips (the “Content”) are proprietary to CNAI. The Content is protected by Canadian and international copyright, trademark and other laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may download one (1) copy only of the Content to be used only by you for your personal and non-commercial use and for purely informational purposes unless the subsite you are accessing states that you may not. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.
Users Chatroom
CNAI may, but is not obligated to, monitor or review any areas on the Site where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. CNAI, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise. When using any of these areas, you agree not to post, send, transmit, upload, or otherwise publish through this Site, any materials that (1) interfere with anyone else’s use of the Site; (2) are abusive, illegal, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone’s copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication.
Responsibility for User’s Material
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. CNAI may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate CNAI’S policies in any way. CNAI will fully cooperate with any law enforcement authorities or court order requesting or directing CNAI to disclose the identity of anyone posting such materials
Product Review
You may post or submit reviews and comments (“Content”) of the products, so long as such Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, and does not consist of or contain software viruses, commercial solicitation or any form of “spam” or unsolicited commercial electronic messages. You also understand and agree that CNAI is under no obligation to display any Content that you submit on the Site, and may edit or remove the Content at its sole discretion.
Rights to User’s Material
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way CNAI uses such material.
Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by CNAI anywhere in the world, in any medium, forever. Furthermore, CNAI is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, you agree and understand that CNAI is not obligated to use any such ideas or materials, and you have no rights to compel such use.
Transmitted Material
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to CNAI does not cause CNAI to have any special responsibility to you.
Links
The Site might offer you links to other websites on the Internet that are owned and operated by third parties and therefore not affiliated with us. CNAI provides such links for your convenience only and is not responsible for the content of any linked Sites. CNAI cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, legality and / or completeness of the information contained on such websites. The links which CNAI might place on our Site do not imply that CNAI sponsors, endorses or is affiliated or associated with, or has been legally authorized to use any trade-mark, trade name, logo, symbol or other copyrighted materials displayed on or accessible through such websites.
Contests
This Site may contain contests that offer prizes or that require you to send in material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.
Children
The Site is designed for and intended for use by adults. If you are under 18, you may use the Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of the Site by children, minors and others under your care. You agree to be responsible for their use of the Site.
Misprints and Errors, Product Availability and Prices
CNAI endeavors to provide current and accurate information on the Site. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. CNAI reserves the right to modify, revise or discontinue products at any time without prior notice to customers. The products displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products will be available at any time in your particular location. You should check with CNAI for the availability of specific products in your area.
Software
CNAI may cause software to be available for you to download from the Site or through other Websites and Internet resources. The software is protected by copyright, and your downloading and use of the software is governed by the applicable transaction agreement and the Software Licence Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and Software Licence Agreement.
Change to the Terms of Use
CNAI may add to, change, or remove any part of these Terms of Use at any time, without notice. Any changes to these Terms of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. CNAI may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
Indemnification
You agree to indemnify, defend, and hold CNAI and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, “Indemnified Parties”), harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in CNAI’s defense of any claim. CNAI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of CNAI.
Disclaimer of Warranties and Damages
CNAI makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any external websites.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE AND THE MATERIALS, INFORMATION, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CNAI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE. CNAI DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER TYPE OF MALICIOUS PROGRAMMING CODE OR COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE. CNAI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
Limitation of Liability
IN NO EVENT SHALL CNAI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY CONTENT, EVEN IF CNAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CNAI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED CAD100.00.
Waiver
No waiver, express or implied, by CNAI of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Applicable Laws
The Terms of Use and any additional terms posted on this Site together constitute the entire agreement between CNAI and you with respect to your use of this Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of the Terms of Use shall continue in full force and effect. The Terms of Use are governed by and construed in accordance with the laws of the Province of Quebec and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Quebec City, Province of Quebec.
If you have any questions or comments regarding these Terms of Use please contact us by email: shellsupport@camelionna.com.
