TERMS AND CONDITIONS – Cafe Momentum

TERMS AND CONDITIONS

Current version effective as of: January 29, 2024

SCOPE

These terms and conditions, as well as any other policies or rules of the Websites (as defined herein), including, but not limited to, the Privacy Policy and the Netiquette (collectively the “Terms”) constitute a binding legal agreement between you (“you” or the “User”) and Café Momentum Inc. or any of its subsidiaries or affiliated companies (the “Business”) and govern the use of the websites, applications and modules referring to these Terms by way of hyperlinks (collectively the “Websites”).

PLEASE CAREFULLY READ ALL these Terms BEFORE USING THE WEBSITES.

ACCEPTANCE OF THE TERMS

By agreeing to the Terms, or by using the Websites, you accept to be bound, without reserve or restriction, by the conditions and stipulations of the Terms. Access to and use of the Websites is subject to the full and unreserved compliance by these Terms.

If you do not wish to be bound by these Terms or if you do not fully accept the Terms, you must abstain from using or accessing the Websites.

ONLINE ORDER

The Café Momentum (and Topbrewercanada.com) website offers its Users the opportunity to order, online, certain products offered at Café Momentum In this regard, you agree and understand that:

Price. The prices appearing on the Order Form are in Canadian dollars and exclude sales taxes, where applicable.

Processing and Payment. For an order made using the Café Momentum or Paypal Order Form to be processed, the balance must be paid, online, by credit card (Visa or Master Card) using the payment module available to you during the purchase process.

Final Sale.Since our products are perishable and mainly made-to-order, there will be no exchanges or refunds.

The Business cannot guarantee that the products ordered will be available, or that some of their information is up-to-date. In this case, your order will be refunded as soon as possible.

Product pictures are for illustrative purposes only and accessories are not included.

Food Safety.The Business cannot guarantee that the products do not contain traces of nuts and peanuts.

For questions regarding Café Momentum Inc. or the Order Form, please contact:

Postal :

Café Momentum Inc.
1751 Richardson, suite 6103
Montréal
(Quebec) H3K 1G6
Telephone : 514-924-3345
E-mail : info@cafemomentum.ca

USER ACCOUNT AND PASSWORD

To use certain features of the Websites, you may need, or will be given the opportunity, to create a user account (a “User Account”). To create a User Account, you must provide, for example, your first and last names, your e-mail address, country of residence and a password. Once registered, you may have to provide additional information to the Business in order to help us organize your profile and offer you a more personalized experience of the Websites.

You are responsible for the protection of the confidentiality of your User Account and the password linked thereto. You shall immediately advise the Business of any unauthorized use of your User account or of any other form of security breach to avoid a potential fraudulent or unauthorized use of your User account.

The Business is not responsible for any unauthorized use of your User Account, and you agree to bear all responsibility for any acts committed through your User Account, unless you close it or report abuse or fraudulent use thereof.

For any request to close your User Account or to report any abuse or fraudulent use thereof, please refer to section 22 below to find our contact information.

The Business reserves the right to suspend or close your User Account at any time, at its discretion and without prior notice. For example, but without limitation, the Business may suspend or close your User Account if you fail to comply with the Terms or if you use the Websites in a manner that is likely or would risk to harm the Business, cause it to incur liability, to disrupt the activities of the Websites or to disrupt the use of the Websites by third parties.

USER CONTENT

The Websites may offer certain features that enable Users to contribute to the content of the Websites, namely to (i) evaluate and comment on products, (ii) evaluate and comment on the content published (the “User Content” or “Your Content”).

You retain the rights to your copyrighted content or information that you submit through the Websites and the Business represents that it will never claim to be the owner or the original author of Your Content.

However, by submitting Your Content via the Websites, you grant the Business a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, transferable, sub-licensable worldwide license to Your Content for any purpose whatsoever (the “License”) and you waive all your moral rights to Your Content. Through this License, the Business may, without limitation, use, reproduce, store, adapt, translate, modify, create derivative works, transmit, distribute, perform in public and make available to the public, in any medium whatsoever, Your Content.

In addition to granting the License described hereinabove, by submitting Your Content through the Website, you:

agree that your first name, the first letter of your last name, your age group, city and country of residence may appear in connection with the distribution of Your Content and the use that the Business may make of it in connection with the License;

acknowledge and agree that the Business shall not be held liable for any loss, damage or corruption of Your Content.

Moreover, you represent and warrant to the Business that:

Your Content does not violate any intellectual property right, including any copyright of any third party;
Other than any rights-free content, you are the sole owner of all intellectual property rights, including copyright, in Your Content or, where applicable, you have the written permission of the owner to submit Your Content;

Your Content does not contain any defamatory statement or obscenity and does not violate a third party’s right to privacy or image;

Your content does not violate any law, act, order or regulation that is applicable to you or to the Business;

Your Content is not used to promote or advertise services, products, websites or organizations other than the Business’ services, products, websites or organizations and is not a chain of letters or any other form of solicitation.

Your Content is a reflection of your thoughts, your preferences, your tastes and, more generally, of your person. You must not imply that Your Content is endorsed by a third party unless expressly authorized to do so. You may not imply, suggest or pretend that the Business approves, shares or endorses Your Content, unless expressly authorized to do so.

The Business may reject or withdraw any User Content at its sole and absolute discretion and without notice to the original author.

The Business does not endorse or approve the User Content found on the Websites and accepts no liability and gives no warranty for said contents.

COPYRIGHT

Except for the User Content, any content created, developed, distributed, communicated, elaborated, generated or reproduced on the Websites (including texts, recipes, codes, illustrations, images and videos) as well as their selection, composition and arrangement (the “Content of the Business”) belongs to the Business or is licensed from third parties and may be protected by intellectual property laws, such as the Copyright Act (R.S.C., 1985, c. C-42).

Where applicable, the Business reserves all of its rights with regards to the Content of the Business that it owns. Consequently, it is prohibited to copy, reproduce, modify, reformulate, edit, and more generally, use the elements that constitute the Content of the Business, in whole or in part, without the prior written consent of the Business.

Notwithstanding the preceding paragraph, you may download, print and reproduce the Content of the Business for your own informational purposes provided that you agree to respect any and all copyright or other proprietary notices with respect to the Content of the Business, and that you cite the URL source of the Content of the Business.

TRADEMARKS

Certain names, words, titles, sentences, logos, designs, graphs, icons and trademarks displayed on the Websites may constitute trademarks, registered or not, of the Business or third parties. Although the Business may use under license certain trademarks of third parties, the display of third parties trademarks on the Websites shall neither imply any relationship or license between the Business and said third parties owning a given trademark, nor the approval or endorsement by the Business of the goods, services or activities of the owner of said trademark.

Nothing contained on the Websites should be construed as granting you a license or right to use any logo, design or trademark of the Business or of any third party, without the prior written permission of the Business or of the third party owner of the given trademark.

YOUR OBLIGATIONS

By using the Websites, and without limiting what is otherwise stated under these Terms, you agree (i) to respect all laws applicable to you in your home jurisdiction, (ii) to provide us with accurate and up-to-date information, and (iii) to use the Websites in a reasonable and responsible manner.

Moreover, you agree not to:

use the Websites for any illegal or unlawful purpose;

create or suggest a false identity on your User Account or create, without permission, a User Account for any person other than yourself;

use or try to use, without permission, the account of another user;
violate the intellectual property rights of the Business or others, such as those concerning patents, trademarks, trade secrets, licensing, copyright or other proprietary rights;

monitor the availability, performance or functionality of the Websites for competitive purposes;

use software, devices, manual coding robots or automatons or other means to access, break down, analyse or index the functionality of the Websites or any related service, data or information;
be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person, or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of a similar e-mail address, nicknames, or the creation of false account(s) or any other method or device;
transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
be obscene, use explicit or implied profanity;
post ads for your business, products or those of any other person or any other type or form of spam;

circumvent any security feature of the Websites; and

use the Websites in way it is not intended to be used.

If the Business has reasonable grounds to believe that you do not comply with the aforementioned obligations or any other obligation stipulated in the Terms, the Business can, at its sole and absolute discretion and without notice, suspend your right to use the Websites or restrict your access thereto in any other way the Business deems appropriate.

LINKS TO THIRD PARTY WEBSITES

Some links within the Websites may take you to other third party websites which are under the control or of the responsibility of the Business. The Business has no way to control these websites, and is not liable for, nor guarantees, the availability, reliability or the legality of these websites. The Business does not endorse or approve the content to which these websites allow access, and excludes all liability or guarantee in their regard. The User that accesses the websites does so at its own risk.

The Business reserves its right to insert advertisement throughout the Websites, which can link to third party Websites. Under no circumstance does the Business approve, endorse, nor is liable for the ideas, opinions, products services or more generally the content displayed in the advertisements and on the third party websites to which they offer access.

IDEA SUBMISSIONS

Any comment or suggestion related to the Websites, their functionalities, or the commercial activities in which the Business participates in or may participate in that you communicate to the Business may be used, adapted or implemented by the Business without any obligation to remunerate you or compensate you in any way.

You agree that any comment, suggestion, idea or proposal related to the Websites, their functionalities, or the commercial activities in which the Business participates in that you submit to the Business (other than the User Content) (the “Material”) is non-confidential, non-proprietary, and may be disclosed, used, adapted or implemented by the Business without any obligation to remunerate you or compensate you in any way.

NO WARRANTIES

The Websites and the content found therein are provided as is. When you visit and use the Websites, you acknowledge and agree that you do so entirely at your own risk. The Websites may be abandoned or access thereto may be interrupted at any time by the Business or otherwise. The Business makes no representations or warranties as to the content, services or functionalities of the Websites or the User Content found therein, including, but without limitation:

as to the accuracy, availability, completeness, reliability, merchantability or the opportunity of the Websites;

as to the operation or accessibility of the Websites without interruption or error;

as to the correction of defects or errors in the Websites;

as to the absence of viruses or harmful elements in the Websites; and

as to the secure transmission or transmission without interception of communications through the Websites.

LIMITATION OF LIABILITY

To the full extent allowed by applicable law, in no event shall the Business and its officers, directors, employees, agents and their respective successors and assigns have any liability, whether based in contract (including any breach of an important obligation), these Terms, delict or tort (including negligence) or strict liability, for incidental, indirect, consequential, special, or punitive damages of any kind, or for an invasion of your privacy, loss of revenue or profits no matter the cause, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption of the Websites, whether foreseeable or not, and even if the Business had been advised of the possibility of such damages. In addition, the Business has no obligation to store the searches, preferences or any other data that you generate or save from time to time on the Websites and shall not be held liable for any loss or damage resulting from a loss of such data.

Should you decide to visit or use a website linked to the Websites, materials, softwares or any goods or services available through a website linked to the Websites, you are doing so at your own risk.

INDEMNITY

The Business is not responsible for the User Content that you generate on the Websites, or for the actions that you take or fail to take in connection with the Websites (your “Acts”).

You agree that your Acts are your own responsibility and you acknowledge that you performed them knowingly. The Business will not be held liable for any breach of the Terms that you may have committed. Consequently, you shall defend the Business, its affiliates, parent company, officers, agents, representatives, directors, employees and business partners in the event that a legal proceeding is filed against the Business following a breach of the Terms that you, or any person having access to your User Account, may have committed.

In any case, you agree to indemnify and hold harmless the Business, its affiliates, affiliated companies, directors, officers, agents, representatives, employees and business partners against any losses, obligations, claims, demands, damages, costs and expenses of any nature whatsoever, including reasonable legal fees incurred in connection with your Acts and the breach of the Terms, any law or the rights of a third party.

GOVERNING LAW AND JURISDICTION

These Terms are governed and interpreted by the laws of the province of Quebec and the laws of Canada applicable therein (without regard to conflicts of law principles).

This paragraph does not apply to consumers of the province of Quebec (Canada) to whom Quebec’s Consumer Protection Act (chapter p-40.1) applies. You irrevocably agree and acknowledge the exclusive competence of courts under federal and provincial jurisdiction sitting in the judicial district of Longueuil for any dispute which may arise in connection with the Terms or related thereto, elect domicile therein and waive any objection based on the lack of subject- matter jurisdiction or any claim based on the notion of forum non conveniens.

SEVERABILITY

Each provision of these Terms is separate and distinct and, if a provision of these Terms is held invalid, illegal or unenforceable, all other provisions will remain in full force and effect.

WAIVER

A failure to act or delay in acting by the Business with respect to a non-performance, or the non-exercise of a right under these Terms will not operate as a waiver of that performance or of that right. The waiver of a right under these Terms by the Business will not be effective unless it is given in writing and is signed, in which case it will be effective in the specific instance and for the specific purpose given.

NON ASSIGNMENT

You may not assign or delegate any right or obligation under these Terms without prior the consent of the Business.

RETROACTIVE EFFECT

As the first version of the Terms was uploaded online on November 14, 2016 (the “Upload Date”), you agree and acknowledge that, where applicable, from the time you first accepted the Terms, any use, content generated and any act or omission in connection with the Websites that relates to a period prior to the Upload Date, is retroactively subject to these Terms.

MODIFICATION

The Websites are a dynamic and evolving environment subject to change. The Business may review the Terms at its sole discretion by simply updating this page or pages where the provisions of the Terms to be changed are found. It is your responsibility to consult the Terms on a regular basis to become aware of any changes that may be made to them.

Notwithstanding the foregoing, the Business shall notify the Users of any amendment to the Terms at least 30 days prior to its entry into force.

If you do not agree with one or more changes to the Terms, you must cease all use of the Websites and close your User Account, if any. Continuing to use the Websites or not closing your User Account after the Business has published the changes will be equivalent to your acceptance of the changes to the Terms.

CONTACT

Any notice or communication which is required or permitted to be given under these Terms must be made in writing and will be deemed to have been effectively transmitted if sent by e-mail or registered mail to the following addresses:

Café Momentum Inc.

1751 Richardson, suite 6103

Montréal, Qc

H3K 1G6

Phone number : (514) 924-3345

Email : info@cafemomentum.ca

Such notice or communication will be deemed to have been given and received on the day it is actually delivered or sent (or, if that day is not a business day, on the following business day), unless it is delivered or sent after 4:30 p.m., in which case it will be deemed to have been given and received on the next business day.

If you have any questions or comments regarding these Terms, please contact us at :