Terms of sale & service.

PRELIMINARY REMARKS

 

Groupe Analekta Inc. uses the Web ANALEKTA.COM (“Site”) that permits you to buy a licence for downloads of digital content.

This contract constitutes a legal agreement between the user and Groupe Analekta Inc. stating the terms that govern your use of the site ANALEKTA.COM

 

Conditions and licence of usage of ANALEKTA.COM

 

Usage rules

 

PLEASE READ THESE CONDITIONS OF USAGE CAREFULLY BEFORE SURFING in the ANALEKTA.COM store. By surfing in the ANALEKTA.COM store and clicking on “accept” you accept to be bound by the modalities and stipulations of the present contract, and that, for as much and as long as you are in the ANALEKTA.COM store. You will acknowledge having read and understood these conditions. IF YOU DO NOT WISH TO BE BOUND BY THESE CONDITIONS, do not click on “accept”. You will then not be able to use ANALEKTA.COM and order products through ANALEKTA.COM.

 

The terms of the contract can be modified or upgraded at any time. Additional conditions may be made. They will be effective automatically.

 

Accepting the terms of service

 

Home office of Site

 

Groupe Analekta Inc. operates from its offices in Canada.

 

7889 Boul. St-Laurent

Bureau 201

Montreal, Quebec

H2R 1X1

Tel.: (514) 939 0559

Fax: (514) 939 0232

info@analekta.com

 

Groupe Analekta Inc. does not claim that the elements of the Site can be used outside of Canada and it is forbidden to access the Site in countries where legislation would make doing so illegal. You choose to use the Site at your own initiative and it is your responsibility to conform to all applicable local laws. Any claim relative to the Site and the elements that it contains is or deriving from usage of the Site, is regulated by the laws applicable in the territory of the province of Quebec.

 

Restrictions relative to usage

 

Unless otherwise specified in a section of the Site, no element of the Site may be copied, reproduced, distributed, translated, downloaded, posted or transmitted in any manner whatsoever, without the prior permission of Groupe Analekta Inc. or the holder of the copyright. You are allowed to post or download the elements of the Site, but only for non-commercial purposes and so long as you do not modify these elements and that you maintain all notices of intellectual property that they contain. All unauthorized usage of aforementioned contents may result in civil and/or criminal liability.

 

Trademarks

 

The logos used or posted on the Site are owned by the Groupe Analekta Inc. or a third party. Nothing in the Site can be interpreted so as to permit, directly or indirectly, the usage of a logo reproduced on the Site without prior written permission from the owner of said logo.

 

Copyright

 

All contents (texts, illustrations and images) reproduced in the store are protected by copyright as well as by intellectual property rights, throughout the world. Unless indicated to the contrary (which will consequently be specified in a section of the store), no element of the Site may be copied, reproduced, distributed, translated, downloaded, posted or transmitted in any manner whatsoever, without the prior permission of Groupe Analekta Inc. You are allowed to post or download the elements of the Site, but only for non-commercial purposes and so long as you do not modify these elements and that you maintain all notices of intellectual property that they contain. All unauthorized usage of aforementioned contents may result in civil and/or criminal liability.

 

Limitation of responsibility

 

The use of the site requires a compatible system, Internet access and certain software. The use of the site could be affected by the performance of these elements. High speed Internet access is highly recommended. In accepting these conditions of service you acknowledge and accept the fact that these technical requirements are your responsibility.

 

ANALEKTA.COM and the elements contained in the store are furnished as presented, without any guarantee, in particular concerning merchandise quality or suitability for a specific use. Moreover, ANALEKTA.COM makes no claim relative to its utilization, downloading, validity, preciseness or reliability of the elements reproduced on ANALEKTA.COM or concerning the results deriving from the use of such elements. Although Groupe Analekta Inc. does everything possible so that ANALEKTA.COM will contain no errors, Groupe Analekta Inc. disclaims any responsibility relative to any error that could be encountered on ANALEKTA.COM. Its affiliate companies, directors, employees, representatives and agents will in no case be held responsible for any damage related directly or indirectly to the use of ANALEKTA.COM be it for loss of data or profit derived from the usage of ANALEKTA.COM or the inability to use these elements. In the case of such an occurrence where the responsibility of ANALEKTA.COM could be upheld in your favour, it will be limited to an amount equivalent to the price you paid for the faulty products. In spite of these restrictions, nothing in the present article can have as a consequence the limitation of any right that you might have as a consumer in virtue of the laws that could be applicable in you case.

 

Your account

 

If you are registered on the Site, you are responsible for maintaining the confidentiality of your account and your password. You also agree to limit the access of your computer and assume the responsibility of the transaction in your name by means of the use of your password. In case the confidentiality of this information is breached, please let us know as soon as possible in order to avoid a future fraudulent usage of your compact with ANALEKTA.COM. In no case will ANALEKTA.COM be held responsible for any loss or damage resulting from the breach of these security measures.

 

In addition, if you are under 18 years of age, you may use the Site only with the agreement of a parent or tutor.

 

It is highly recommended that you read carefully the limitation of responsibility contained in the present conditions of use in order to understand clearly the extent of your responsibilities concerning the use of the Site.

 

Other companies

 

ANALEKTA.COM offers links to the sites of other companies. Groupe Analekta Inc. is in no way responsible for examining, evaluating or guaranteeing the sale offers made by these firms or individuals, or the content of their Internet sites. Groupe Analekta Inc. disclaims any liability for the actions, products and content of these parties or of any other third party. It is highly recommended that you read carefully their declarations of confidentiality, terms of use and other conditions of sale.

 

Authorization and access to the site

 

ANALEKTA.COM grants you the limited authorization to access the site and make personal use of it, without, however, downloading it (except to store pages) or to modify it, even partially, without the express written permission of ANALEKTA.COM. This permission excludes: the resale or commercial use of the site ANALEKTA.COM, its content and the content of its stores; the use of the list of its products, descriptions and prices; any use derived from the site ANALEKTA.COM or its content; any download or copy of information concerning accounts for the benefit of another retailer; any use of browsing tools, collecting and retrieving data.The site ANALEKTA.COM cannot be reproduced, in whole or in part, copied, sold, resold, visited or exploited for any commercial purpose without the express written permission of Groupe Analekta Inc. You are not authorized to use meta tags or any other “hidden text” using the name of ANALEKTA.COM without the express written permission of ANALEKTA.COM. You may, however, create a hypertext link that refers back to the homepage of ANALEKTA.COM as long as this link does not present ANALEKTA.COM, its store, its products and its services in a manner that is fraudulent, misleading, defamatory or otherwise offensive.

 

Applicable right

 

The present contract on the conditions of service is governed by the laws applicable in the province of Quebec. It is understood that any litigation stemming from or linked to the use of the services and sites of Groupe Analekta Inc. will be submitted to the competence of the law courts of Montreal, province of Quebec.

 

Indemnity

 

You agree to side with Groupe Analekta Inc. should judicial proceedings against the company ensue from a violation of the present conditions of use by you or another user of your access to ANALEKTA.COM.

 

Force majeure (casus fortuitus)

 

Goupe Analekta Inc. will not be held responsible for the non-fulfillment in full or in part of any of its obligations to you, or for damages or losses that you might have incurred if the non-fulfillment, damages or losses are the result of a force majeureor of circumstances beyond its control.

 

 

Licence of usage

ANALEKTA.COM allows you to download, to stream or to look at its products on the site (“Service”) according to the following terms:

 

  1. By installing, copying, or otherwise using the Service or its software, you acknowledge that you have read and understood this Agreement and accept to be bound by its terms of usage. If you do not accept the stipulations of this Agreement or cannot conform to it, you are requested not to install, copy or otherwise use the Service, the software, nor any music, image, video, text or other material available through the Service (“Content”).
  2. You consent not to disassemble, decompile, dissect or otherwise tamper with security components, special rules or other security applications for any reason whatsoever.You accept to conform to the rules and policies periodically established by the Provider of services. These rules and policies will usually be applied in a non-discriminatory manner to the users of the Service and the software and may include, for example, required or automatic updates, modifications, and (or) reinstallations of the software, as well as the application of patches to handle problems of security, interoperability and (or) performance.
  3. You accept not to use the Content for purposes that could conflict with the copyrights associated with it.
  4. The Service and its associated software allow you to obtain, listen to, watch and (or) read (depending on the case) the Content digitally, for personal and non-commercial use, for the sole purpose of entertainment. This Content may belong to the Provider of service or to a third party. However, in all circumstances, you understand and accept that your rights of usage of the Content are limited in virtue of the copyright law. You accept and will not attempt to modify the software or Content obtained through the Service, for any reason whatsoever, including that of falsifying or changing the identity of the owner or the source of the Content.
  5. You represent, accept and guarantee that you will use the Service only for your personal, non-commercial, entertainment purpose, and not as a means of redistribution. You agree not to distribute, reproduce, or publicly display any of the Content or transfer copies of the Content obtained through this Service.
  6. The service provider and (or) the owners of the Content can periodically remove Content from the Service without prior notice.
  7. The owners of the Content are the intended beneficiaries of this Agreement and have the right to have it respected.

8.THE SERVICE, INCLUDING ALL CONTENT AND OTHER INFORMATION, MATERIAL AND PRODUCTS INCLUDED OR PLACED AT YOUR DISPOSAL BY MEANS OF THE SERVICE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES FROM THE PROVIDER OF SERVICES OR THE OWNERS OF THE CONTENT. TO THE FULLEST EXTENT PERMITTED AND IN VIRTUE OF THE APPLICABLE LAWS, THE PROVIDER OF SERVICES AND ALL THE OWNERS OF THE CONTENT DISCLAIM ALL GUARANTIES, IMPLICIT OR EXPLICIT, CONCERNING THE QUALITY OF THE MERCHANDISE AND SERVICEABILITY FOR A PARTICULAR PURPOSE. NO PROVIDER OF SERVICES OR ANY OWNER OF CONTENT CAN GUARANTEE THAT THE SERVICE OR THE CONTENT, THE INFORMATION, EQUIPMENT OR PRODUCTS INCLUDED OR PLACED AT YOUR DISPOSAL THROUGH THE SERVICE WILL BE EXEMPT OF VIRUSES OR OTHER DANGEROUS OBSTACLES.

 

  1. THE SERVICE PROVIDER AND THE OWNERS OF CONTENT SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH USE OF SERVICE OR ITS CONTENT, INFORMATION, EQUIPMENT OR PRODUCTS INCLUDED OR PUT AT YOUR DISPOSAL THROUGH THE SERVICE, OR IN CASE OF DAMAGES WITH COSTS SUPERIOR TO THE AMOUNT PAID FOR THE UTILISATION OF THE CONTENT ASSOCIATED WITH THE REQUEST FOR INDEMNISATION OF DAMAGES.

 

Particular terms and conditions for prepaid packages

1.These Terms and Conditions are supplementary to the ANALEKTA.COM Terms of Sale, and apply specifically to prepaid packages, subscriptions, promotional codes and Analekta points.

2.Prepaid packages, subscriptions, promotional codes and Analekta points, and unused balances on the ANALKETA.COM Website are not redeemable for cash and cannot be exchanged to buy prepaid packages, subscriptions and promotional codes.

3.Access to, redemption of prepaid packages, subscriptions, promotional codes and Analekta points are subject to acceptance of its Terms of Service and Terms of Sale presented at the time of redemption or purchase.

4.Any unused balance is not transferable.

5.If your order exceeds the amount of your available credit (whether through prepaid packages, subscriptions, promotional codes or Analekta points), you must establish an ANALEKTA.COM customer account.

6.Unless stated otherwise, data collection and use are subject to Analekta's Privacy Policy, which can be found on the Analekta Website.

7.Groupe Analekta Inc. reserves the right to close customer accounts and request alternative forms of payment if prepaid packages, subscriptions, promotional codes and Analekta points are fraudulently obtained or used on the ANALEKTA.COM Store.

8.Groupe Analekta Inc. is not responsible for any loss or damage you may suffer as a result of lost or stolen promotional or access codes without your knowledge or permission.

9.If any promotional code, prepaid package or monthly subscription is non-functional Groupe Analekta Inc. will replace it.

10.Promotional codes, prepaid packages or monthly subscriptions are issued by Groupe Analekta Inc. and can only be used to obtain services through the particular ANALEKTA.COM Store.

11.ANALEKTA.COM reserves the right to change any of these Terms and Conditions from time to time by publishing a revised version on ANALEKTA.COM.

12.If any of the terms in these Terms and Conditions are not valid or legally enforceable, the other terms will not be affected.

13.For prepaid packages and subscriptions transmitted electronically, the transfer of risks and ownership to the purchaser will occur at the moment of electronic transmission to the recipient.

® All rights reserved, Analekta.com, Groupe Analekta Inc., 2009

All amounts indicated are in Canadian dollars.