TERMS AND CONDITIONS OF USE

Last updated: September 12, 2024

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE APPLICATION

The following terms and conditions govern and apply to your use of the application maintained by Primat (the "application owner"). By accessing the application, you acknowledge having read and understood these terms and conditions of use and declare to be bound by these terms. Please note that we may modify the terms of use at any time without notice. Your continued use of the application will be considered as your acceptance of the revised terms and conditions.

1. CLIENT PERSONAL INFORMATION

Primat collects personal information from its clients, this information is collected from the person concerned and they have access to it at all times for consultation or correction purposes. (See Team and Settings section) It is collected through the platform, by phone, email and/or mail in order to allow the client to use the platform and for us to communicate with them to complete our mandate. The client may withdraw their consent to the communication or use of collected information by sending a written notice to admin@primat.ca. Upon request to the same email, the person concerned is also informed of the personal information collected about them, the categories of people who have access to this information within the company, and how long this information is kept. The person responsible for personal information protection is Mr. Jonathan Gagnon, who can be reached by email at jg@primat.ca, by phone at 514-471-0435 (toll-free 1-855-514-0435) or by mail at the company's address.

2. AGE RESTRICTION

You must be at least eighteen (18) years old to use the application. By accessing or using the application, you declare that you are at least eighteen (18) years old. We cannot be held responsible for any false declaration regarding your age.

3. INTELLECTUAL PROPERTY

All intellectual property on the application is owned by us or our partners and includes any element protected by copyright, trademark or patent. All registered trademarks are owned, registered and/or licensed by us or our partners. All content on the site including, but not limited to, text, software, code, design, graphics, photos, applications, interactive features and all other content, is a collective work under Canadian law or any other copyright law and is the property of Primat or our partners. All rights reserved.

4. USE OF COMPANY CONTENT

We may provide you with certain information as a result of your use of the application, including, without limitation, documents, data or information developed by us or our partners, or any other material that might help you in using the application or services (the "Company Content"). The Company Content cannot be used for any purpose other than the use of the application and services offered on the application. Nothing herein shall be interpreted as granting you any license or intellectual property rights.

5. USER ACCOUNT

Your use of the application requires a valid phone number, a six-digit code and an active bank account. All these elements are designated as your user account (a "User Account"):

  • You are solely responsible for your user account, maintaining, confidentiality and security of your user account and all passwords related to your user account, as well as the activity of any person who accesses your user account with or without your permission;
  • you agree to immediately notify us of any unauthorized use of your user account, services through your user account, password related to your user account or any other security breach of your user account or service provided through your user account, and you agree to assist us, as we may request, to stop or remedy any security breach related to your user account; and
  • you agree to provide truthful, accurate and current user information, as we may request from time to time, and you agree to notify us of any changes to your user information as required so that the information we hold remains truthful, accurate and current.

6. ACCEPTABLE USE OF THE APPLICATION

You agree not to use the application for illegal purposes or any other purpose prohibited under this clause. You agree not to use the application in any way that could harm the application, services or business activities of Primat or our partners. You also agree not to use the application for the following purposes:

  • violate the intellectual property of Primat, our partners or any other third party;
  • download or transmit computer viruses or any other software that could damage the property of Primat or others;
  • commit fraud; and/or
  • illegally collect information about others.

7. PRIVACY PROTECTION

When you register for a user account, you provide us with a valid phone number and you may also provide us with certain additional information. Depending on how you use our site, we may also receive information from external applications you use to access our site or we may receive information about you through various web technologies such as cookies, histories, web beacons (also called "invisible GIFs"), beacons and others.

We use the information collected from you to ensure you have a good experience on the application. If you wish to block our access to any passive information we receive from the use of various technologies, you can choose to disable cookies in your web browser. Please note that we will still receive the information about you that you provide to us, such as your valid phone number.

8. REVERSE ENGINEERING AND SECURITY

You may not undertake any of the following actions:

  • reverse engineer or disassemble any code or software on or from this application;
  • violate or attempt to violate the security of the application through any unauthorized access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.

9. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Primat and its partners and/or affiliated companies against any claims, lawsuits or demands, including attorneys' fees, that may arise from or relate to your use or misuse of the application, your violation of these terms or your conduct and actions. If we choose to do so, we will choose our attorney and participate in our own defense.

10. SPAM POLICY

You are strictly prohibited from using the application for illegal spam activities, including collecting addresses and personal information of others or sending mass commercial emails.

11. SEVERABILITY

If any of these clauses is found to be illegal, void or unenforceable, in whole or in part, the unenforceable portion shall not affect the validity and enforceability of the other clauses of these terms of use.

12. SERVICE INTERRUPTIONS

We may need to interrupt your access to the application to perform maintenance or unplanned emergency work. You agree that your access to the application may be affected by unplanned or unanticipated downtime, for any reason, and that we will not be liable in any way for damages or losses resulting from such unavailability.

13. NO WARRANTY

While we have made reasonable efforts to ensure that the content available in the application is accurate, we cannot guarantee that said content is error-free, up-to-date or exhaustive. As we do not own the data thus made available, under no circumstances can we be held responsible for any damage that may result from an error and/or omission resulting from the use of the application.

We assume no responsibility for any damage resulting from misuse of the application and/or its content. We also cannot guarantee that the application will be available without interruption, error or omission, or that defects will be corrected. It is also not possible to guarantee that the application and the servers that make it available are free of viruses or harmful components. The application and its content are provided "as is" and "as available" without representation, warranty or condition of any kind, express or implied.

You agree to maintain the confidentiality of all passwords or other account identifiers that you have chosen or that are assigned to you when using the application and to assume responsibility for all activities related to the use of these passwords or other account identifiers.

Furthermore, you agree to notify us of any unauthorized use of your password or other account identifiers. We cannot be held responsible, directly or indirectly, for any losses or damages of any kind resulting from or related to your failure to comply with this provision.

You acknowledge that we may, in our sole and absolute discretion, without notice, suspend, cancel or terminate your user account, your use or access to the application or any of its services, and remove and delete any information or content relating to the application or any of the services offered (and terminate your use thereof), for any reason, including if we believe you have violated these terms. Furthermore, you acknowledge that we will not be liable to you or anyone else as a result of such suspension, cancellation or termination. If you are dissatisfied with Primat or any of its services, or with any of these terms, rules, policies, guidelines or our practices regarding the operation of Primat or any of its services, your sole remedy is to cease using the application or service in question.

14. CONFIDENTIALITY

Primat does not disclose personal information about its clients to third parties. We take security measures appropriate to ensure the protection of personal information collected, used, communicated, retained or destroyed and which are reasonable taking into account, in particular, their sensitivity, the purpose of their use, their quantity, their distribution and their medium. We ensure that personal information we hold about others is up to date and accurate at the time we use it.

Communications via the Internet (outside the application) are subject to interception, loss or alteration, therefore, you acknowledge that the information or elements you provide electronically by accessing or using this site are neither confidential nor exclusive, except as required by applicable laws and that unprotected email communications on the Internet may be intercepted, altered or lost.

15. QUESTIONS AND ADDITIONAL INFORMATION

For any questions or to obtain more information, please contact us at the following address: info@primat.ca

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