Terms of Use | BESIDE Habitat

Terms of Use

Terms and Conditions of Use


This website is operated by BESIDE Management. Throughout the website, the terms "we," "us," and "our" refer to BESIDE Habitat. BESIDE Habitat makes this website, including all information, tools, and services, available to users conditional upon user acceptance of all the terms, conditions, policies, and notices stated here. By visiting this website and/or purchasing any of our products or services, you, the user, are engaging in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions,” “Terms and Conditions of Sales and Use,” “Terms and Conditions of Use”), including any additional terms, conditions, and policies referenced herein and/or hyperlinked thereto. These Terms and Conditions apply to all users of this website, including but not limited to users who browse the website, sellers, customers, merchants, and/or content contributors. Please read these Terms and Conditions carefully prior to accessing or using our website. By accessing or using any part of this website, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, do not access the website or use the services offered through the website. These Terms and Conditions are considered an offer, and acceptance is expressly limited to these Terms and Conditions. Any new features or tools that are added to this website in the future will also be subject to these Terms and Conditions. You may review the current version of the Terms and Conditions at any time on this page. We reserve the right to update, modify, or replace any part of these Terms and Conditions by publishing updates and/or modifications on our website. It is your responsibility to check this page regularly for modifications. Your continued use of or access to the website following any modifications constitutes your acceptance of those modifications. ARTICLE 1

Online shop terms of use

By accepting these Terms and Conditions of Sale and Use, you confirm that you have reached the age of majority in your country, state, or province of residence, or that you give your consent to allow any minor in your care to use this website. Use of our products for any illegal or unauthorized purpose is prohibited. In using the Service, you may not violate any laws in your jurisdiction, including but not limited to copyright laws. You must not transmit any worms, viruses, or other code of a destructive nature. Any breach or violation of these Terms and Conditions will result in the immediate termination of Service. ARTICLE 2

General conditions

We reserve the right to deny access to services to any person at any time, for any reason. You understand that your information, excluding your credit card information, may be transferred unencrypted and that this involves (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service or its application, or any access to the Service or contact on the website through which the Service is provided without our prior express written permission. The headings used in this agreement are included for your convenience and will not limit or affect these Terms and Conditions. ARTICLE 3

Information accuracy, completeness, and timeliness

We are not responsible for the accuracy, completeness, or timeliness of the information available on this website. The content of this website is provided for informational purposes only and should not be taken as the sole source of information for making decisions without first consulting more accurate, complete, and up-to-date sources of information. Reliance on the content on this website is at your own risk. This website may contain some past information. This past information is by its nature not current and is provided for information purposes only. We reserve the right to modify the content of this website at any time but are under no obligation to update the information on our website. You agree that it is your responsibility to monitor modifications to our website. ARTICLE 4

Service and price modifications

Product and service prices are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content of the Service) at any time without notice. We will not be liable to you or to any third party for any price modifications or for any Service suspension or discontinuation. ARTICLE 5

Products and services (if applicable)

We reserve the right to offer certain products or services exclusively online on our website. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our Cancellation Policy. We have done our best to ensure the offers, services, and product colours and images are displayed as clearly as possible on our online sales platform. We cannot guarantee that all computer screens will show colours accurately. We reserve the right but are not obligated to limit sales of our products or services to any person, and in any geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any offer at any time. Any service or product offered on this website is void where prohibited by law. We do not guarantee that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations or that any service errors will be corrected. ARTICLE 6

Billing and account information accuracy

We reserve the right to refuse any product or service purchase or reservation. We may at our sole discretion reduce or cancel the quantity purchased per person, per household, or per order. Restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we modify an order or cancel an order, we may attempt to notify you by contacting you at the email address and/or billing address or phone number provided when the order was placed. We reserve the right to limit or restrict orders that in our sole judgment appear to be from merchants, resellers, or distributors. You agree to provide current, complete, and accurate order and account information for all orders placed on our website. You agree to promptly update your account and other information, including email address and credit card number and expiration date, so that we may complete your transactions and contact you if necessary. For more details, please see our Cancellation Policy. ARTICLE 7

Optional tools

We may provide access to third-party tools that we do not monitor, control, or influence. You acknowledge and agree that we provide access to such tools on an as-is and as-available basis without warranties, representations, or conditions of any kind and without any endorsement. We shall bear no legal liability arising from or related to the use of such optional third-party tools. The use of any of the optional tools offered on the website is at your own risk and discretion. You should consult the terms and conditions under which such tools are offered by third-party providers. In the future, we may also offer new services and/or features on our website, including new tools and resources, which will also be subject to these Terms and Conditions. ARTICLE 8

Third-party links

Some of the content, products, and services available through our Service may include material from third parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these websites, and we do not warrant or assume any responsibility for any content, website, product, service, or other item accessible on or from such third-party websites. We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with these third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party in question. ARTICLE 9

User comments and suggestions

If you submit specific content at our request (for example, to enter a contest) or if you submit unsolicited creative ideas, suggestions, proposals, plans, or other materials (collectively "Comments"), whether online, by email, by mail, or otherwise, you grant us the unrestricted right at all times to edit, copy, publish, distribute, translate, and otherwise use any Comments submitted in any media. We are not and shall not be obligated to (1) maintain the confidentiality of the Comments; (2) pay compensation to anyone for any Comments provided; or (3) respond to the Comments. We may but are under no obligation to monitor, edit, or remove content that we, in our sole discretion, believe to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions. You agree that any Comment you submit does not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your Comments will not contain any unlawful, libellous, defamatory, offensive, or obscene material, nor will they contain computer viruses or other malicious software that could in any way affect the operation of the Service or any associated website. You may not use a false email address, impersonate another person, or attempt to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all Comments you post and their accuracy. We take no responsibility and assume no liability for any Comments by you or any third party. ARTICLE 10

Personal information

The collection and use of your personal information on our website is governed by our Privacy Policy. Please see our Privacy Policy. ARTICLE 11

Errors, inaccuracies, and omissions

In the event that the information on our website or Service contains typographical errors, inaccuracies, or omissions, which may relate to product descriptions, prices, promotions, offers, shipping costs, transit time, and/or availability, we reserve the right to correct any errors, inaccuracies, or omissions and to modify or update information or cancel orders if any information on the Service or any associated website is inaccurate without notice at any time, including after you have placed your order. We are under no obligation to update, modify, or clarify any information in the Service or on any associated website, including but not limited to pricing information, except as required by law. No set update or refresh date on the Service or any associated website should be taken to mean that the information on the Service or any associated website has been modified or updated. ARTICLE 12

Prohibited uses

In addition to the prohibitions listed in the Terms and Conditions, you are prohibited from using the website or its contents (a) for illegal purposes; (b) to incite or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial, or state law, rule, or regulation; (d) to infringe or violate our intellectual property rights or the intellectual property rights of third parties; (e) to harass, abuse, insult, hurt, defame, slander, libel, disparage, intimidate, or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated, independent, or Internet website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape the web or any other resource; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibitions of the Terms and Conditions. ARTICLE 13

Warranty exclusion and limitation of liability

We do not guarantee that your use of our Service will be uninterrupted, rapid, secure, or error-free. We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable. You acknowledge that the Service may on occasion and at any time be discontinued for an indefinite period or cancelled without prior notice. You expressly agree that your use of or inability to use the Service is at your own risk. The Service and all products and services provided to you through the Service are unless otherwise expressly stated by us provided on an as-is and as-available basis for your use without representation, warranty, or condition of any kind, either express or implied, including all implied warranties of merchantability or quality, fitness for a particular purpose, durability, title, and non-infringement. In no event shall BESIDE Management, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, lost data, replacement costs, or similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any service or product from the Service or for any other claim relating in any way to your use of the Service or any product including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the Service or any content or product published, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such claims arising. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability is limited to the maximum extent permitted by law. ARTICLE 14


You agree to indemnify, defend, and hold harmless BESIDE Management, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand including reasonable attorney fees made by any third party due to or arising out of your breach of these Terms and Conditions or the documents referred to herein or your violation of any law or of the rights of a third party. ARTICLE 15


In the event that any provision of these Terms and Conditions is held to be unlawful, void, or unenforceable, such provision shall nevertheless be enforced to the fullest extent permitted by law and the unenforceable portion deemed severed from these Terms and Conditions but any severance will not affect the validity and enforceability of any other remaining provisions. ARTICLE 16


The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this Agreement for all purposes. These Terms and Conditions are effective until terminated by either party. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Service or when you cease using our website. If we determine, in our sole discretion, that you are failing to comply with these Terms and Conditions or if we suspect that you have been unable to comply with these Terms and Conditions, we may also terminate this agreement at any time without notice to you and you will remain liable for all sums due up to and including the termination date, and/or we may deny you access to our Service or any part thereof. ARTICLE 17

Entire agreement

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions or any other policies or operating regulations published by us on this website or in connection with the Service constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede all prior or simultaneous oral or written communications, proposals, and agreements between you and us, including but not limited to any prior version of the Terms and Conditions. Any ambiguity in the interpretation of these Terms and Conditions shall not be construed to the detriment of the drafting party. ARTICLE 18

Applicable law

These Terms and Conditions and any separate agreements through which we provide you with the Service shall be governed by and construed in accordance with the laws in force at BESIDE Habitat, 2528 Beaubien Street East, Montréal, Québec, H1Y 1G2. ARTICLE 19

Amendments to the general terms and conditions of sale and use

The most recent version of the General Terms and Conditions may be consulted at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions by publishing updates and modifications on our website. It is your responsibility to visit our website regularly to check for modifications. Your continued use of or access to our website following the publication of any modifications to these Terms and Conditions constitutes acceptance of those modifications. ARTICLE 20

Contact information

Questions about the Terms and Conditions should be directed to . Privacy Policy


Collection of personal information

BESIDE Habitat collects personal information such as name, address, and email address as part of purchase transactions made on its website. When clients/users access the BESIDE website, BESIDE Habitat automatically has access to their computers’ Internet Protocol (IP) address, which includes details about their browser and operating system. Email marketing (if applicable): With their permission, BESIDE Habitat may send clients/users emails about offers, new products, and updates. ARTICLE 2


Providing consent By providing BESIDE Habitat with their personal information in order to complete a transaction, verify their credit card, make a reservation, or modify a transaction, it is assumed that users consent to the collection and use of their personal information by BESIDE Habitat for this purpose only. If clients or users are asked to provide personal information for any other reason, such as marketing purposes, their express consent will be sought or they will be given the opportunity to decline. Withdrawing consent If, after having given consent, clients or users change their mind and no longer consent to BESIDE Habitat contacting them, and/or collecting or disclosing their information, they may provide notice to or BESIDE Habitat, 2528 Beaubien Street East, Montréal, Québec, H1Y 1G2. ARTICLE 3


BESIDE Habitat may disclose personal information if required to do so by law or if a client or user is in breach of our Terms and Conditions. ARTICLE 4

Third-party services

Third-party service providers will generally only collect, use, and disclose personal information to the extent necessary to fulfill the services provided. However, some third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies regarding the information BESIDE Habitat is required to provide for client purchase transactions. With respect to these service providers, we recommend that clients read the privacy policies of third-party service providers carefully to understand how they treat personal information. As well, some providers may be located or have facilities in a different jurisdiction than BESIDE Habitat or our clients. By deciding to proceed with a transaction that requires the services of a third-party supplier, clients acknowledge that their personal information may be governed by the laws of the jurisdiction in which that supplier or its facilities are located. For example, if completing a transaction processed through a payment gateway located in the United States, the information used to complete the transaction of a client located in Canada could be disclosed under United States law, including the Patriot Act. Once clients leave the BESIDE Habitat website or are redirected to third-party websites or applications, they are no longer governed by this Privacy Policy or our website’s Terms and Conditions. Links BESIDE Habitat website users may leave the website by clicking on certain links on our site. BESIDE Habitat assumes no responsibility for the privacy practices of other websites and recommends that users read all privacy policies carefully. ARTICLE 5


BESIDE Habitat takes reasonable precautions to protect personal data and follows industry best practices to ensure that personal data are not lost, misappropriated, accessed, disclosed, altered, or inappropriately destroyed. ARTICLE 6

Age of consent

By using this site, users confirm that they are at least the age of majority in their state or province of residence, or that they give BESIDE Habitat consent to allow any minor in their care to access this website. ARTICLE 7

Privacy Policy modifications

BESIDE reserves the right to modify the BESIDE Habitat Privacy Policy at any time; please check back frequently. Changes and clarifications take effect immediately upon being published to the website. Clients will be notified on this page of updates to Privacy Policy contents regarding the collection, use, and, if applicable, the disclosure of personal information. In the event of an acquisition or merger, client information may be transferred under new ownership to ensure continuity in product sales and services. Questions and contact

In order to access, correct, amend, or delete any personal information held by BESIDE Habitat; to file a complaint; or for more information, please contact our Privacy Officer at or by mail at BESIDE Habitat. [Attn: Privacy Standards Officer] [2528 Beaubien Street East, Montréal, Québec, H1Y 1G2]

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