1. ACCEPTANCE OF TERMS

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  • 1.1 - The Go Camping Québec service made available by the Association des terrains de camping du Québec (“Camping Québec”) as defined hereinafter is offered under the provisions of these Terms of Use (the “Terms”). By accepting these Terms, downloading the application, and subscribing to or using the service, you acknowledge that you have read and understand these provisions and agree to be bound by them. If you are accepting these Terms on behalf of a business or other legal person, you certify that you have the authority to ensure this legal person, its subsidiaries and any affiliated companies are bound by these Terms. For the purposes hereof, the word “Customer” designates you as an individual, or another legal entity, its subsidiaries and affiliated companies. If you do not have the authority required to accept these Terms or if you do not agree with them, please refrain from accepting them, however, you will not be able to use the service.
  • 1.2 - Camping Québec reserves the right to modify these Terms at any time, without prior notice. The Customer is encouraged to view the most recent version of the Terms by visiting this link: GO gocampingquebec.com LINK https://www.campingquebec.com/fr/camper-au-quebec/promotions/go-camping-quebec/. The updated Terms are effective as soon as they are published online. If the Customer uses the service after this date, his use will be proof of his acceptance of the modified or revised Terms. Should the Customer disagree with the new Terms, his sole remedy is to cease all access to and use of the service.
  • 1.3 - Camping Québec reserves the right to modify and improve the service within the scope of what is commercially acceptable. Camping Québec agrees to inform the Customer of any major changes to the service by any means of its choice, at its sole discretion, as long as the Customer has requested that Camping Québec do so.

2. DESCRIPTION OF SERVICE

The service is accepted as soon as the Go Camping Québec application is downloaded, constituting your subscription to the service and provided by Camping Québec in SaaS mode (the “Service”).

SaaS (i.e., Software as a Service) is a cloud-based operating system that improves Internet speeds. As an SaaS application, Go Camping Québec is installed and hosted on a provider’s remote servers instead of on Camping Québec’s internal servers and terminals. The Go Camping Québec application is free to download, with no additional service fees to the Customer (usage, storage, security, maintenance), other than the cost of various in-app purchases offered to the Customer.

3. GENERAL CONDITIONS AND USE OF SERVICE

  • 3.1 - Subject to the present Terms, access to and use of the service are authorized solely for the Customer’s personal purposes, as stipulated herein. The Customer agrees not to: (i) licence or sub-licence, sell, resell, lease, loan, transfer, assign or operate the service in shared time or make it commercially available in another way or accessible by a third party in a manner other than what is expressly permitted under these Terms; (ii) use the service to process data for another party’s account; (iii) use the service unlawfully or in a way that might disrupt or alter its integrity or efficiency along with the integrity or efficiency of its components.
  • 3.2 - All rights, titles and interests associated with the service and its components, including intellectual property rights subsisting in respect of the service, are and shall remain the exclusive property of Camping Québec, subject only to the right of access and restricted use expressly granted hereunder. The Customer shall refrain from modifying, altering, adapting, or hacking the service or attempt any other means to obtain unauthorized access to the service, or the systems or networks used by Camping Québec for the purposes of providing services. In addition, the Customer shall not take any action likely to disrupt or alter the operation of the service (or the networks and the servers connected to the service).

    Insofar as the service makes it possible to upload, save, send and/or receive content, the Customer shall retain all rights, titles and interests in the intellectual property related to such content. What belongs to the Customer remains the property of the Customer.
  • 3.3 - The Customer assumes full responsibility for the information, data, texts, messages, and other content made available online or transmitted through the service. The Customer shall retain all rights, titles, and interests in the intellectual property related to this information, data, texts, messages, and other content. The confidentiality of login details and of the account identifier is the sole responsibility of the Customer, as is any activity performed under the Customer’s user name or in his account.
  • 3.4 - Camping Québec reserves the right to access all Customer accounts in order to respond to any technical assistance requests made by the Customer. Camping Québec agrees to maintain adequate technical, physical, and administrative measures to protect the security, confidentiality, accessibility, and integrity of the Customer’s data. Camping Québec agrees not to disclose the Customer’s data, except as required by law or in situations where the Customer provides express written consent. In this regard, please consult our Privacy and Personal Information Protection Policy by visiting the following link: https://www.campingquebec.com/en/privacy-policy/
  • 3.5 - All data files transiting the system are encrypted. However, the Customer acknowledges that the data or files processed and communicated through the service, including the Customer’s content, might not be encrypted if they are: (i) distributed across various networks; (ii) changed to meet the technical requirements of certain networks or network devices; (iii) communicated to subcontractors and hosting partners of Camping Québec from which the latter party obtains hardware, software, networks, storage space, and related technologies to ensure the maintenance and operation of the service. Camping Québec shall take all reasonable efforts required to notify the Customer of scheduled service interruptions through website announcements or by notifying the Customer directly.
  • 3.6 - Camping Québec’s failure to implement or apply a right or provision stipulated herein does not constitute a waiver of that right or provision. The Customer acknowledges that, although they bear the non-physical, electronic signature of the parties, these Terms constitute a contract signed with Camping Québec, they govern the use of the service, and they replace all prior contracts or agreements reached with Camping Québec. The Customer acknowledges that he will be liable for any breach of his obligations under these Terms (and that Camping Québec shall assume no responsibility to the Customer or any other party in this regard) and in the event of consequences arising from such a breach (including any harm or damage, direct or indirect, likely to be incurred by Camping Québec).
  • 3.7 - The Customer agrees to immediately inform Camping Québec in the event of unauthorized use of the service or security breaches. At Camping Québec’s request, the Customer also agrees to help limit, prevent and resolve any security breaches or unauthorized use of the service. Camping Québec hereby agrees to promptly inform the Customer of any security breaches of his account.
  • 3.8 - Technical assistance services are automatically offered with all subscriptions. The following e-mail address is dedicated to technical support and assistance: soutien@campingquebec.com

4. TRADEMARKS

The trademarks “Go Camping Québec” and “gocampingquebec.com” and the Go Camping Québec and Camping Québec logos that are used by or appear on the service are registered trademarks of Camping Québec. The Customer may use them for non-exclusive promotional purposes only in order to identify himself as a Customer or user of Go Camping Québec products and services, provided he does not claim ownership by incorporating them into his own offers or trade names.

5. SUBSCRIPTION AND PAYMENTS

The service’s subscription period is valid for the 2018 season only. For all subsequent seasons, a new application or application update will be made available to be downloaded by the Customer.

The Customer agrees to comply at all times with the payment terms and conditions for the in-app purchases offered as part of the service. Purchase amounts for offers and promotions made available through the service are payable by credit card via an online payment platform. The Customer agrees to respect the payment terms and conditions related to the use of Camping Québec’s online payment platform. Camping Québec does not store any of the Customer’s banking data on its servers.

6. CANCELLATION AND TERMINATION

  • 6.1 - The Customer may cancel his service and close his user account any time by logging into his user account (profile) or by sending a written notice to this effect to Camping Québec at the following address: atcq@campingquebec.com. There is no other way for a Customer to cancel his account. The Customer will no longer have access to his content or data, which will be deleted by Camping Québec in the normal course of its activities. After the user account is shut down, the content and data will no longer be able to be retrieved. If the Customer cancels the service part-way through the season, no refunds shall be issued by Camping Québec.
  • 6.2 - Camping Québec reserves the right to: (i) modify or interrupt the service (fully or partially) either temporarily or permanently; (ii) prohibit current or future use of the service or shut down the Customer’s account (fully or partially), and remove or delete the content archived within the service for any reason whatsoever, in particular if Camping Québec believes that the Customer is or was in breach of the Terms hereof. Camping Québec shall make all reasonable efforts required to contact the Customer directly before interrupting the service or shutting down the account. The Customer acknowledges and agrees that if Camping Québec shuts down his user account, he will no longer be able to access the service, his account information, and the files or data contained in his account. The service may be used strictly for lawful purposes. It is strictly prohibited to send, store, or communicate information, data, or material that violate the laws and regulations in force in Canada. Camping Québec is the only party that can determine what constitutes a breach of this condition. Any unlawful use of the service such as a copyright violation or any use deemed inappropriate by Camping Québec, at its sole discretion, whether or not it expressly violates the law, constitutes a direct breach of the present Terms and will lead to the immediate removal of files and/or immediate cancellation and termination of the service. Inserting content links is also prohibited. Under the provisions of this subsection, Camping Québec is under no obligation to act in a timely manner in this regard, and any inaction shall not be interpreted as an acceptance of a prohibited use of the service. Camping Québec disclaims any liability to the Customer or a third party in the event of a modification, interruption, or termination of service.

7. NO WARRANTY

THE SERVICE, INCLUDING THE WEBSITE AND ITS CONTENT, ALONG WITH ALL SERVERS AND NETWORK COMPONENTS, IS PROVIDED “AS IS” AND "AS AVAILABILE WITHOUT ANY WARRANTY, TO THE FULLEST EXTENT PERMITTED BY LAW. CAMPING QUÉBEC EXPRESSLY REFRAINS FROM MAKING ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE IMPLICIT WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR USE AND NON-INFRINGEMENT. THE CUSTOMER ACKNOWLEDGES THAT CAMPING QUÉBEC MAKES NO PROMISES AS TO THE UNINTERRUPTED AND TIMELY ACCESSIBILITY OF THE SERVICE, ITS SECURITY, OR THE ABSENCE OF ERRORS OR VIRUSES. NO INFORMATION OR ADVICE OBTAINED BY THE CUSTOMER FROM CAMPING QUÉBEC OR THROUGH THE SERVICE SHALL GIVE RISE TO A WARRANTY THAT IS NOT EXPRESSLY STIPULATED HEREIN.

8. LIMITATION OF LIABILITY

  • 8.1 - UNDER NO CIRCUMSTANCES AND UNDER NO INTERPRETATION OF THE LAW (RELATING TO CONTRACTUAL LIABILITY, EXTRA-CONTRACTUAL LIABILITY, OR OTHERWISE) SHALL CAMPING QUÉBEC BE HELD LIABLE TO THE CUSTOMER OR ANY OTHER PARTY IN THE EVENT OF INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSECUTIVE OR PUNITIVE DAMAGES, WHICH INCLUDES, IN PARTICULAR, LOSS OF PROFITS, REVENUES, CUSTOMERS OR DATA, INTERRUPTED ACTIVITIES, CHANGES MADE TO THE SERVICE BY CAMPING QUÉBEC, OR THE TEMPORARY INTERRUPTION OF THE SERVICE (OR OF ANY OF ITS FEATURES), THE CUSTOMER’S INABILITY TO PROVIDE CAMPING QUÉBEC WITH ACCURATE INFORMATION ABOUT HIS ACCOUNT OR ENSURE THE SECURITY AND CONFIDENTIALITY OF HIS PASSWORD AND ACCOUNT INFORMATION, AS WELL AS ANY BREACH BY THE CUSTOMER IN CONNECTION WITH HIS CONFIDENTIALITY OBLIGATIONS AND THE PROTECTION OF PERSONAL INFORMATION IN RESPECT OF A THIRD PARTY. IN ADDITION, CAMPING QUÉBEC ACCEPTS NO LIABILITY IN THE EVENT OF DIRECT DAMAGES, COSTS, INJURY, OR LOSSES EXCEEDING THE AMOUNT THE CUSTOMER PAID OR WAS SUPPOSED TO PAY TO USE THE SERVICE DURING THE ONE-MONTH PERIOD PRECEDING THE ACTION IN DAMAGES. THE PRECEDING LIMITATIONS ON LIABILITY SHALL APPLY WHETHER OR NOT CAMPING QUÉBEC WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER IT SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS SECTION ARE INTENDED AS AN ADEQUATE ALLOCATION OF THE RISKS HEREBY DISCLAIMED BETWEEN THE PARTIES, WHICH HAVE FULLY ASSESSED THESE LIMITATIONS PRIOR TO AGREEING TO THESE TERMS.
  • 8.2 - Certain countries and states do not allow the exclusion of certain implied warranties or limitations of liability for incidental or consecutive damages. Accordingly, some of the limitations mentioned above may not apply to the Customer. IN THESE COUNTRIES AND STATES, CAMPING QUÉBEC LIMITS THE SCOPE OF ITS LIABILITY TO THE FULLEST EXTENT PERMITTED BY THE LAW AND THE REGULATIONS APPLICABLE IN THAT JURISDICTION.

9. FORCE MAJEURE

Camping Québec disclaims all liability in the event of a service failure or delay caused by an act of war, hostility or sabotage; a natural disaster; a breakdown of the electricity distribution network, Internet network or telecommunications system, or any other event beyond Camping Québec’s control. Camping Québec shall make all reasonable efforts required to mitigate the consequences of a force majeure event.

10. ASSIGNMENT AND SUBCONTRACTING

Camping Québec reserves the right to assign or transfer this agreement, in whole or in part, without restriction. Under the Terms hereof, Camping Québec is authorized to assign its rights and obligations, in whole or in part, to subcontractors at any time, without any restriction or the obligation to obtain any prior consent whatsoever.

11. EXPORT COMPLIANCE

The Customer is required to comply with all applicable laws and regulations governing the export of the service or any of its components.

12. GOVERNING LAW

  • 12.1 - These Terms and the relationship between the Customer and Camping Québec hereunder shall be governed by and construed in accordance with the laws in force in the province of Quebec, Canada, without regard to conflict of law principles. The Customer hereby expressly agrees to submit to the exclusive jurisdiction of the courts of the province of Quebec (judicial district of Longueuil) for the purpose of resolving disputes relating to these Terms. Notwithstanding the foregoing, the Customer agrees that Camping Québec shall be authorized to seek an injunction (or any other equivalent emergency measure) from any authority having jurisdiction.
  • 12.2 - If a court with full jurisdiction to hear the case finds that any provision hereof is invalid, that provision shall be removed from the Terms without any other provision being amended. All other provisions hereof shall continue to have full effect.

13. VERSIONS

In the event of a discrepancy between the English and French versions hereof, the French version shall prevail.

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