Terms of use

Effective from December 21, 2020

OZERTY is a website owned by MOJO FZ LLC, a limited liability company, whose registered headquarters are located at A4-709 Building no.A4, Al Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates +971 42 41 59 44 (Google Maps link : https://goo.gl/maps/qbRcd68nhLx7VLsG6and registered with the Ras Al Khaimah Commercial and Corporate Register under number 45000044, (hereinafter referred to as “OZERTY”), is the publisher of the site at the address https://ozerty-canada.com.

The website host is Shopify, whose headquarters are located at 150 Elgin Street, 8th Floor, Ottawa, Ontario, K2P 1L4, CANADA.

ARTICLE 1 : Definitions

In order to facilitate the readability of these Terms of Use, the following terms will always have the meaning and scope conferred on them in this article.

Terms

Definitions


T & Cs


Refers to these Terms and conditions of Use of our site.


User Account

 


Refers to the personal account of the User whose registration is necessary for the use of the Service and to which he can connect on the site by means of his credentials to consult and manage a set of information concerning him on the website, in particular their personal data, the history of their purchases made on the website, their delivery addresses, etc.

 


Credentials


Refers to the username and password chosen by the User and allowing him to connect to his User Account to access all or part of the Service.


Registration


Refers to the online registration procedure on the website that the User must complete to use all or part of the Service, and resulting in the creation of the credentials and the User Account.


Service fees


Refers to the costs of the Service subscribed by the user including, for example, but not limited to: delivery costs, product customization costs when offered, etc.


Service


Refers to the service offered on the website by OZERTY for the conclusion of one or more purchases of products via the site.

 


Site


Refers to the website https://ozerty-canada.com which allows you to consult current consumer goods and which allows you to buy them and have your purchases delivered.


User


Refers to any adult or legal person registered on the Site and subscribing to the Service, if applicable.

 


Visitor


Refers to any natural or legal person accessing the Site for consultation purposes and not having a User Account.

 

 

ARTICLE 2 : Acceptance of the terms and conditions of use

These T & Cs govern the use of the Site and the access by Users to the Service offered on the Site. Acceptance of these Terms and Conditions of Use is the prerequisite for using the Service described herein.

Any registration and / or subscription to free or paid Services, as the case may be, implies unreserved acceptance by the User of the provisions of the T & Cs that he expressly acknowledges having read, understood and accepted beforehand.

Acceptance of the T & Cs is done through a checkbox when registering the User ("I accept the Terms of Use") and a hypertext link allowing them to be viewed is inserted in a legible manner in the account activation email.

The current version of the T & Cs is available at any time and freely accessible on the Site. OZERTY may modify the T & Cs at any time depending on certain technical, economic, legal or commercial constraints, such as the launch of new services.

Users are informed of changes to the T & Cs within a reasonable time. Where applicable, they are informed when they log in to the new T & Cs in force and must accept them to continue to benefit from the Services.

Failing this, the User may unsubscribe, this unsubscription taking effect upon receipt of the User's last order for any order made before the modification of the T & Cs.

Any derogation from the T & Cs, to be valid and binding on OZERTY, must be the subject of a written document signed by OZERTY and the User and expressly referring to the T & Cs.

OZERTY reserves the right to suspend any transaction or immediately cease its Services for the benefit of a User, in particular if he violates a provision of the T & Cs.

A printed version of the T & Cs as well as any information sent electronically will be admitted in any legal proceedings concerning the application of these T & Cs, in the same way and under the same conditions as any other document written and kept in paper format.

The fact that OZERTY does not exercise, at any time, a prerogative recognized by these T & Cs, or of not requiring the execution of any stipulation of the agreement resulting from said T & Cs may under no circumstances be interpreted, nor as a modification of the contract, nor as an express or tacit waiver of the right to exercise said prerogative in the future, or of the right to demand the scrupulous execution of the commitments entered into herein.

In case of non-acceptance of the T & Cs stipulated in this contract, the User must renounce access to the services offered by the site.

ARTICLE 3 : Access to the site

The site is accessible free of charge anywhere to any User with Internet access. All the costs incurred by the User to access the service (computer hardware, software, Internet connection, etc.) are at his expense.

The User who is not a member does not have access to the reserved services. To do this, he must register by filling out the form. By agreeing to register for the reserved services, the User member undertakes to provide sincere and accurate information concerning his marital status and contact details, in particular his email address.

ARTICLE 4 : Site registration

Consulting the Site and acquiring User status are free.

The opening of a User Account is carried out, if necessary, in accordance with the instructions on the OZERTY Site and in particular by completing the online form. Only adults over the age of 18 and not subject to a guardianship or curatorship regime can register on the Site.

The credentials chosen by the User must not violate the rights of third parties - in particular the rights related to surnames or brands - nor infringe good morals.

Certain data must be entered and provided for the creation of the User Account, as well as for the operation of the Service.

The veracity and accuracy of the information provided by the User for the opening of a User Account are presumed and engage his responsibility, in particular as to his identity.

The credentials are strictly personal to the User, who must keep them secret and not transmit them to a third party or to any other User.

OZERTY reserves in all cases the possibility of activating or not a User Account following registration.

In the event that OZERTY finds that the User has provided false information or has not provided additional explanations that he may request from him, the User's User Account may be suspended or permanently deleted.

More generally, OZERTY reserves the right to refuse any Registration from an Internet user with whom it has had a previous dispute or who does not comply with these T & Cs.

On the other hand, it is understood that upon registration, the User authorizes OZERTY to send him e-mails relating to his reservation requests, as well as e-mails of information relating to changes in the Service and / or to the activity of the sector.

ARTICLE 5 : Suspension or deletion of the User Account

The User may at any time and without cause request the deactivation of his User Account by e-mail to the contact address indicated on the Site, or perform this process directly online.

OZERTY undertakes to deactivate the User's User Account within a maximum period of seven (7) days from receipt of the request and provided that no more orders are pending and that the User is up-to-date sums due.

OZERTY will delete the User's personal data in accordance with its personal data management policy.

In the event of non-compliance with these T & Cs by the User or in the event of fraudulent actions by the User, OZERTY may notify said breaches by e-mail to the User and at his convenience, temporarily suspend for a period of his choice. the User Account of the latter:

    • The User violates a provision of the T & Cs or commits criminal acts ;
    • OZERTY notes a lack of connection to his User Account by a User for a period of one (1) year and after sending a reminder email that has no effect for four (4) weeks ;
    • The User has written on one or more sites dedicated to consumers opinions / comments that are untrue, defamatory or damaging to the reputation of OZERTY ;

ARTICLE 6 : User Obligations

By using the OZERTY Website, the User expressly agrees NOT to:

  • Send or transmit by electronic means illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, contrary to morality, violating the privacy of a person, and / or infringing the rights of a third ;
  • Impersonate another User; The Internet user recognizes the limits of the Internet network and cannot hold the Publishing Company responsible for any malfunction of the Internet network preventing the smooth running and / or functioning of one or more Services offered ;
  • Commit to carry out any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, nor apply reverse engineering (or “Reverse Engineering”) of all or part of the Website, or the Services and / or Content ;
  • Permanently or temporarily reproduce the Site, in whole or in part, by any means and in any form ;
  • Use software or processes intended to copy the Content without the prior written permission of OZERTY.
  • Export the Website, merge all or part of the Website with other computer programs without the prior written authorization of OZERTY;
  • Make short quotes, analyzes and reproductions intended for press reviews as well as other uses expressly authorized by law within the limits and conditions set by the latter and subject in particular to citing the name of the authors and the editorial source ;
  • Use software or devices likely to disrupt the proper functioning of the Site, nor to take action likely to impose a disproportionate burden on OZERTY's infrastructures ;
  • Extract or reuse, including for private purposes, without the prior written authorization of OZERTY, a substantial part or not of the content of the databases and archives constituted by the Site ;

ARTICLE 7 : Intellectual Property

The entire Website is protected by UK and international laws relating to intellectual property. All reproduction and representation rights are reserved, including for downloadable documents. All texts, graphics, icons, photographs, maps, logos, videos, sounds, brands, and more generally all the elements making up the Site cannot, in accordance with the Intellectual Property Act 2014, be the subject of any representation, reproduction, exploitation or extraction, in whole or in part, on any medium whatsoever, without the express prior authorization of OZERTY. Failure to comply with this prohibition would constitute an act of counterfeiting that may engage the civil and / or criminal liability of its author. OZERTY reserves the right to initiate legal proceedings against any person who does not comply with this prohibition. None of the provisions of these T & Cs may be interpreted as an assignment, transfer, sale, concession, license, loan, rental, or operating authorization granted directly or indirectly by OZERTY for the benefit of the User, on the Website, its content, and / or the Services.

ARTICLE 8 : Warranty limits

The Website is provided "as is" and "as available" without warranty of any kind. The User declares to know and accept the characteristics and the limits of the Internet network and, in particular the functional characteristics and technical performances of the Internet network; problems related to connection and / or access to the Internet and / or websites; problems related to network availability and congestion; problems related to network failure or saturation; problems related to transit time, access to information posted online, response times to display, consult, query or otherwise transfer data; the risks of interruption; the lack of protection of certain data against possible misappropriation or piracy; the risks of contamination by any viruses circulating on said networks, etc. for which the responsibility of OZERTY can not be engaged. Under these conditions, OZERTY cannot be held responsible:

in the event of a data transmission fault, loss, delay or error which is beyond its control;

sending messages and / or data and to a false, incorrect or incomplete address;

if data does not reach it, for whatever reason, or if the data it receives is unreadable or impossible to process;

in the event that the User is unable to access or use the Site, and / or the Services for any reason whatsoever;

if, for whatever reason, the connection should be interrupted.

It is the responsibility of the User, like any Internet user or owner of a mobile phone, to protect his technical equipment, in particular against any form of contamination by viruses and / or attempted intrusion, OZERTY cannot under any circumstances be held responsible for this. As such, it is up to the User to take all appropriate measures to protect his own data and / or software stored on his and / or his equipment (telephone, computer) against any attack (malfunction, virus, hacking. List not limited).

The User is solely responsible for the installation, operation and maintenance of his technical equipment necessary to use the site. Under no circumstances can OZERTY be held responsible if the Site proves to be incompatible or has malfunctions with certain equipment of the User.

The User is solely responsible for the use he makes of the Site and cannot hold OZERTY responsible for any complaint and / or procedure made against him. He undertakes to take his personal responsibility for any complaint and / or procedure brought against OZERTY and which relates to his personal use.

Hyperlinks may direct to other websites or other social networks. OZERTY cannot be held liable in the event that the content of said other websites or social networks contravenes the rights of third parties and more generally of the legal or regulatory provisions in force.

The information communicated on the Website is provided for information only, it is not contractual and does not engage the responsibility of OZERTY. They can be modified or updated without notice.

OZERTY also reserves the right, at any time and without notice, to make improvements and / or modifications to the Website. OZERTY cannot be held responsible for any omissions and / or errors that the Website may contain.

The version of the Website may be updated from time to time to add new Content and / or new services without any prior information to the User.

OZERTY cannot be held liable for damages of any kind, direct or indirect, resulting from the use or the inability to use the Site.

ARTICLE 9 : Major force

OZERTY cannot be held liable in the event of the occurrence of an event of force majeure as considered as such by law and case law.

Are considered as force majeure in view of OZERTY's obligations, events beyond its control and which it could not reasonably be expected to foresee, insofar as their occurrence makes the performance of its obligations more difficult or more expensive.

This will be the case in particular, without this list being exhaustive, in the event of disruption of means of transport or communication channels, acts of government, changes in the regulations applicable to these T & Cs, events likely to hinder the proper operation of OZERTY, the Site or the Service, its suppliers or its subcontractors (such as strikes, lockouts, total or partial unemployment, accident, fire, flood, interruption of online communication services, etc.).

ARTICLE 10 : Cookies

The User is informed that during his visits to the site, a cookie may be automatically installed on his browser software.

Cookies are small files temporarily stored on the hard drive of the User's computer by your browser and which are necessary for the use of the OZERTY site. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique identifier, generated randomly and therefore anonymous. Some cookies expire at the end of the User's visit, others remain.

The information contained in cookies is used to improve the OZERTY website.

By browsing the site, the User accepts them.

The User may deactivate these cookies through the settings appearing in his browser software.

ARTICLE 11 : Convention of proof

The actions carried out by Users on the Site by which they acknowledge accepting documents and other elements applicable within the framework of the Service, in particular these T & Cs, in particular by checking the corresponding boxes on the Site, show their consent to the elements concerned and are assimilated to the handwritten signature and to the conclusion of a contract in electronic form within the meaning of the Canada utilities contract regulation 2016.

In accordance with the Canada utilities contract regulation 2016, the User accepts that the time-stamping elements implemented, the Site procedures by which he expresses his consent (eg: by checking the corresponding boxes), the information and elements exchanged with OZERTY within the framework of the Service, possibly on a durable medium, in particular the elements relating to the orders concluded on the Site (ex: e-mails, acknowledgments of receipt exchanged), and in general, all the elements created and / or exchanged as part of the Service on the Site (eg proof of connections, computer records and other identification elements), are admissible before the Courts and provide proof of the data, elements and signatures, whether materialize, contain, and / or express.

ARTICLE 12 : Nullity

If one or more provisions of these T & Cs are held to be invalid or declared as such in application of a law, a regulation or following a decision which has become final of a competent court, the other provisions will retain their full validity. strength and scope. Where applicable, OZERTY undertakes to immediately remove and replace said clause with a similar and legally valid clause.

ARTICLE 13 : Applicable right

These T & Cs are governed by Canadian law.

Any complaint must be sent within a maximum of fourteen (14) days after the execution or the planned date of execution of the Service subscribed by the User to the following address:

contact@ozerty-canada.com

In the absence of an amicable resolution of a dispute between the parties, the Canada courts will have sole jurisdiction to hear it.