Terms of use
29 janvier 2025
PRELIMINARY REMARKS
This contract constitutes a legal agreement between the user of the website and the Horticultural Cooperative Groupex, also operating under the name "Passion Jardins" (hereinafter referred to as "Passion Jardins") concerning the website www.passionjardins.com (hereinafter the "Site").
1- ACCEPTANCE OF TERMS OF USE
By accessing or using the Site, you declare that you have read, understood, and agree to be bound by these terms of use (the "Agreement"). You expressly agree to comply with this Agreement and any changes made to it (as outlined below).
Passion Jardins reserves the right, at its sole discretion and without prior notice, to update, modify, add, or remove provisions from this Agreement. In such cases, Passion Jardins will post the changes made to this Agreement on this page, including the revision dates at the top of the page.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT NAVIGATE THE SITE.
2- ELIGIBILITY
By navigating and using the Site, you expressly declare and warrant that you are legally able and capable of entering into this Agreement. Otherwise, you are not authorized to navigate or use the Site.
3- MISSION
Passion Jardins is a network of garden centers to turn to for all your gardening needs, whether you are a beginner or an expert.
4- CONTENT OFFERED
Passion Jardins provides you with certain tools in the form of photos, articles, descriptions, calendars, or videos related to gardening and the gardening season, free of charge, for informational or inspirational purposes (the photos, articles, descriptions, calendar, or videos and their contents are hereinafter referred to as the "Content").
The user can view the available Content while using the Site. Passion Jardins may provide a brief description of each Content and may classify it, at its discretion, using certain filters or categories. Any Content, including any updates, corrections, or modifications, may change from time to time at the sole discretion of Passion Jardins.
All Content is the exclusive property of Passion Jardins, or, in other cases, Passion Jardins holds the necessary usage rights. The Content is protected by copyright and intellectual property laws worldwide. Any full or partial reproduction of the Content or any element protected by the intellectual property rights of Passion Jardins, or for which Passion Jardins is duly authorized to use, is strictly prohibited. Unless otherwise expressly granted by Passion Jardins to the Site user as described below, you are prohibited from modifying, copying, distributing, transmitting, disseminating, displaying, reproducing, publishing, modifying, transferring, or selling any information or content obtained from the Content, in whole or in part, or creating derivative works of the aforementioned elements.
Passion Jardins grants the Site user a non-exclusive, non-transferable license, without the right to sublicense, to use the Content exclusively for internal and personal purposes, and not for resale. The exercise of the rights granted under this license by the user shall not be construed as granting or transferring any right, title, or interest in the intellectual property rights related to the Content.
Passion Jardins respects copyright laws and expects its users to do the same. Passion Jardins has a policy of refusing to process any order from a user who infringes or is suspected of infringing copyright laws. Additionally, Passion Jardins reserves the right to pursue any user in damages in case of such infringement.
5- NO WARRANTY
Passion Jardins offers the Content without any express or implied warranty or condition regarding results, relevance, usefulness, or effectiveness. The user acknowledges that Passion Jardins' obligation is one of means, not results.
Without limiting the generality of the above, the user acknowledges that Passion Jardins makes no statement or provides no guarantee regarding:
- the truthfulness, usefulness, and relevance of the Content or the filters used to classify the Content;
- the frequency with which new Content will be available on the Site;
- the results following the implementation or non-implementation of the information or advice included in the Content and whether the Content is suitable for your needs;
- the maintenance or removal of any Content on the Site.
Passion Jardins is not liable in any way for the omission or negligence of the user to comply with the responsibilities, obligations, or usage terms stated in this Agreement.
6- SECURITY AND NETWORK EFFICIENCY
Passion Jardins does not guarantee the total efficiency or security of the network. It is possible that a hacker could penetrate the server. Therefore, it is important to keep in mind, BEFORE USING THE SITE, that it is always possible for a malicious individual to access the
7- EXTERNAL LINKS
The Site may contain links to other websites ("External Links") as well as content owned by third parties or originating from External Links. Passion Jardins has no means of controlling these External Links and their content, and does not guarantee or endorse the availability of such External Links. Passion Jardins does not endorse or approve the content accessible through these External Links and excludes any responsibility or guarantee regarding such content. Accessing these External Links from the Site is at the user's own risk and is entirely their responsibility.
8- INDEMNITY
You expressly agree to indemnify and hold Passion Jardins harmless and to keep it free from any responsibility regarding any damages, losses, claims, demands, lawsuits, costs, or liabilities of any kind, including legitimate and reasonable legal and out-of-court fees, whether the cause is founded or not, that Passion Jardins may incur or suffer directly or indirectly due to your failure or negligence to comply with this Agreement.
9- PASSION JARDINS CUSTOMER SERVICE
For any inquiries, questions, or complaints, you are invited to contact Passion Jardins by email at: [email protected].
10- NEWSLETTER OR OTHER COMMUNICATIONS
By allowing Passion Jardins to communicate with you via email, you agree to receive information related to the use of the Site, news, promotions, and more. At any time, you can unsubscribe from Passion Jardins' mailing list by sending an email to: [email protected].
11- APPLICABLE LAW
This Agreement is governed by the applicable laws in the province of Quebec (Canada). You hereby acknowledge that any dispute arising out of or related to the use of the Site or this Agreement will be subject to the jurisdiction of the courts in the district of Quebec, Quebec province (Canada).
12- NON-WAIVER
Passion Jardins' failure to enforce any provision of this Agreement at any time will not affect its right to enforce such provision later. A waiver by Passion Jardins of any of its rights will not be considered a waiver of compliance with this provision unless such waiver is documented in a signed writing.
13- SEVERABILITY
Each provision of this Agreement forms a separate part, so any court decision that any provision of this Agreement is invalid or unenforceable will not affect the validity of the other provisions or their enforceability.