These terms and conditions of use (the “Terms of Use”) apply to the use of the Grappe Métropolitaine de Logistique et Transport de Montréal (“CargoM”, “we”, “us” or “our”) website located at www.cargo-montreal.ca (the “Site”) and the Warehouse Space tool (the “Tool”) (collectively the “Applications”) accessible from the Site. The Applications are the property of CargoM and its licensors. The Terms of Use constitute a legal agreement between you and CargoM with respect to access to and use of the Applications.
CargoM is dedicated to providing you with services and information concerning all those involved in logistics and freight transport in the Greater Montreal area, in particular by providing you with contact details for suppliers, training courses and job opportunities. As part of its ongoing efforts to offer new services to its members, CargoM has designed and set up a tool that allows you to publish and consult warehousing spaces available for rent.
BY ACCESSING AND USING THE APPLICATIONS, YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE APPLICATIONS.
CargoM reserves the right, at any time and at its sole discretion, to change, modify, add or remove portions of the Terms of Use. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Applications following the posting of changes will mean that you accept those changes. As long as you comply with these Terms of Use, CargoM grants you a personal, non-exclusive and non-transferable limited right to access the Applications and use the services offered therein.
All images, graphics, interfaces, marks, logos, text and software incorporated into the Applications (collectively, the “Content”), including the design, structure, arrangement and manner in which the Content is presented, are the property of CargoM, its affiliates and/or its licensors and are protected by Canadian and foreign intellectual property rights laws, including copyright laws. CargoM grants you a limited, personal, non-exclusive and non-transferable license to access the Applications and the Content on your computer or other electronic device solely for the purpose of displaying them on one screen and reproducing one copy for backup or print purposes, provided that you do not modify the Content and that you retain all copyright notices. Except as expressly stated in these Terms of Use, you may not distribute, download, modify, reproduce, broadcast, publish, create derivative works from, display, reuse, sell or exploit all or part of the Content or the Applications in any way by any means whatsoever, whether online, electronic or physical, without CargoM’s express prior written consent.
You may be asked to provide certain information, such as your last name, first name, address and e-mail address (collectively “Personal Information”). This Personal Information will only be used for the purposes described on the Applications or for any other purpose authorized by a law of the province of Quebec or a Canadian law applicable in that province. You will have the right, at any time, to request that such Personal Information be removed from CargoM’s databases by sending a notice to that effect by e-mail to the following address: info@cargo-montreal.ca. However, any unsolicited material or information that includes your business contact information or that is sent to CargoM will be deemed to be non-confidential and may be used, reproduced, displayed, performed, modified, transmitted and distributed by CargoM for any purpose permitted by law.
By completing the form, you authorise CargoM to publish all the information provided in the form on the Tool’s dashboard web interface.
The Applications may contain links to other independent third party websites (“Third Party Sites”). These Third Party Sites, the links to which are provided solely as a convenience to you, are not under our control and CargoM is not responsible for and does not endorse the content of these Third Party Sites, including any information contained therein. It is your responsibility to exercise good judgment in your interactions with these Third Party Sites. These Third Party Sites are governed by their own terms of use, privacy policies and may collect your Personal Information.
These Terms of Use do not apply to the practices of third parties and CargoM assumes no responsibility or liability for your use of such third party Sites or your access to third party Sites through our Applications. By using our Applications, or by accessing Third Party Sites through our Applications, you release CargoM from any and all liability for the actions, practices and omissions of such third parties. Please review the Policy of each Third Party Site you visit.
CargoM encourages hyperlinks to the Site. However, we do not wish to be linked to any third party site (i) that contains any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation, that is likely to damage or harm CargoM’s business, credibility or integrity, or that contains, posts or transmits any material or information that exceeds the moral and legal standards of Canadian society; or ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary right. At any time, CargoM reserves the right to prohibit or refuse to accept a hyperlink to the Site at its sole discretion. You agree to remove any hyperlink you may have to the Site upon CargoM’s request.
THE APPLICATIONS AND THEIR CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOUR BROWSING AND USE OF THE APPLICATIONS IS AT YOUR OWN RISK. CARGOM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE APPLICATIONS AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO i) THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; ii) THAT THE APPLICATIONS OPERATE SAFELY AND WITHOUT INTERRUPTION OR ERROR; iii) THAT THE USE OF THE APPLICATIONS WILL MEET YOUR NEEDS AND EXPECTATIONS; (iv) THE ACCURACY, ACCURACY, RELIABILITY OR RELEVANCE OF THE APPLICATIONS AND THE CONTENT; (v) THE CORRECTION OF DEFECTS OR ERRORS IN THE APPLICATIONS; (vi) THE ABSENCE OF VIRUSES OR DAMAGING ELEMENTS IN THE APPLICATIONS; AND (vii) THE SECURE OR UNINTERRUPTED TRANSMISSION OF COMMUNICATIONS THROUGH THE APPLICATIONS.
IN NO EVENT SHALL CARGOM, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE APPLICATIONS OR THE CONTENT REFERRED TO THEREIN OR ON ANY OTHER SITE YOU MAY ACCESS THROUGH THE APPLICATIONS, EVEN IF THEY KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
CARGOM, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, SHALL NOT BE LIABLE FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USER OF THE APPLICATIONS AND ANY ADVERTISER OR SPONSOR OF THE APPLICATIONS (“THIRD PARTY USERS”) AND SHALL NOT BE LIABLE FOR ANY HARM, LOSS, DAMAGE (INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY WAY OUT OF: (i) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USER; AND (ii) THE USE OR INABILITY TO USE ANY SOFTWARE, CONTENT, GOODS OR SERVICES OF ANY SITE OR PROVIDED THROUGH ANY SITE LINKED TO THE APPLICATIONS.
IN THE EVENT THAT A COURT FINDS CARGOM, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS LIABLE FOR ANY DAMAGES, SUCH LIABILITY SHALL IN NO EVENT EXCEED THE SUM OF $50 CAD.
You agree to indemnify, defend and hold CargoM, its affiliates and their respective directors, employees, agents, licensors or their respective successors and assigns harmless from and against any and all claims, demands, liabilities, costs or expenses of any nature whatsoever, including without limitation legal fees and disbursements, resulting directly or indirectly from: (i) your breach of the Terms of Use; (ii) your browsing, use or inability to browse or use the Applications or any site to which the Applications are or may be linked from time to time; (iii) your use of, or reliance on, publications, communications, distributions or downloads of any kind through the Applications; and/or (iv) your breach of any applicable law or regulation. You agree to cooperate with us in the defence of any claim.
CargoM shall not be liable for any damages resulting directly or indirectly from force majeure and/or causes beyond its control, including, but not limited to, internet failures, telephone or tablet failures, equipment failure, power failure, strikes, litigation, riots, rebellion, pandemic, civil disturbances, shortage of labour or materials, fires, floods, hurricanes, explosions, acts of God, war, governmental action, orders of domestic or foreign courts, default of third parties, or any loss, interruption and/or fluctuation of service and/or use of your connected products in connection with the Applications whether or not such events have been declared as such by the relevant authorities.
Your use of the Applications and the Terms of Use shall be governed by the laws of the Province of Quebec and the laws of Canada, without regard to principles of conflict of laws. You hereby acknowledge that any dispute arising out of or relating to your use of the Applications or the Terms of Use shall be submitted to the jurisdiction of the courts of the judicial district of Montreal, province of Quebec.
All provisions of these Terms of Use which by their nature are intended to survive termination, including, without limitation, restrictions, confidentiality obligations, indemnity obligations, limitations of warranties and liability, shall survive and remain applicable after termination of this agreement.
These Terms of Use and all policies and documents incorporated by reference constitute the entire agreement between you and CargoM.
You may not assign or transfer this Agreement or any rights or obligations hereunder without CargoM’s prior written consent. CargoM may assign any or all of its rights and obligations under the Terms of Use, in whole or in part, at its sole discretion, without prior notice or delay.
CargoM’s failure to exercise or request the application of any right recognized by the Terms of Use shall not constitute a waiver of such right or provision.
In the event that a competent court decides that a provision of the Terms of Use is inapplicable or invalid, the other provisions of the Terms of Use will remain in force, as the case may be.
All provisions contained in the Terms of Use which by their nature are intended to survive termination, including, without limitation, restrictions, confidentiality obligations, indemnity obligations, limitations of warranties and liability, shall survive and remain applicable after termination of the agreement.
CargoM reserves the right, at its sole discretion, to limit, prevent and/or withdraw the right of access to the Applications to any person, at any time, for any reason whatsoever, including as a result of a breach of these Terms of Use.