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Terms of Service

Lates modified : January 25, 2024

1. ACCEPTANCE OF TERMS OF USE

This is an agreement between 9381‑9506 Québec Inc (“Vosker“, “we” or “us“), owner and operator of the website https://www.vosker.com/ and www.webapp.vosker.com and the mobile application Vosker (collectively, the “Platform“), and you (“you” or “You“), a User of the Platform (the “User“).

By using the Platform, including the Services offered on the Platform and all other Services, software, applications and subscriptions offered by Vosker (hereinafter collectively referred to as the ” Services “) you acknowledge and accept the Terms of Use (the ” Terms of Use “). If you choose not to accept these Terms of Use, you must refrain from using the Platform.

The Platform is available only to Users who can legally enter into binding contracts under applicable laws. By using or accessing the Platform, you represent and warrant that you are at least eighteen (18) years of age and that you are not prohibited from using the Platform or the Services under applicable law.

2. MODIFICATION OF THE TERMS OF USE

2.1. Right to modify the Terms of Use.

Vosker reserves the right, at its sole discretion, to modify and update the Terms of Use (the “Modified Terms of Use“) from time to time.

2.2. Notice of amended Terms of Use.

Unless Vosker makes a change for legal or administrative reasons or unless the change is not material, Vosker will provide reasonable notice before the amended Terms of Use become effective. You agree that Vosker may notify you of any changes to the Modified Terms of Use by posting them on the Platform.

2.3. Acceptance of the amended Terms of Use.

Your use of the Platform after the effective date of the amended Terms of Use constitutes your acceptance of such amended Terms of Use. You should review these Terms of Use and any updated Terms of Use before using the Platform.

2.4. Effective date of amended Terms of Use.

The amended Terms of Use will take effect upon their publication, or at a later date specified in the amended Terms of Use, and will apply to your use of the Platform from that time.

3. USE OF THE PLATFORM

3.1. Functionality.

The Platform allows you to purchase Products (as defined below) offered by Vosker such as, but not limited to, security cameras, accessories and cellular transmission plans. The web and mobile applications, depending on the model of camera purchased by you, also allow you to activate your camera to locate your GPS position and to manage and view photos taken with your camera.

3.2. Access and use.

During the term of this Agreement, Vosker grants you a limited, non‑exclusive and non‑transferable right to access and use the Platform for lawful purposes in accordance with the Terms of Use (the “Permitted Purposes”).

3.3. Rules of conduct.

You may not engage in the following prohibited activities:

  • Use the Platform for any purpose other than the Authorized Purposes;
  • Copy, distribute or disclose all or any part of the Platform in any medium, including by means of any automated or non-automated web scraping tool or technique;
  • Use any automated system, including crawlers and offline readers, to access the Platform;
  • Transmit, by means of the Platform, spam, chain letters or any other form of unsolicited e-mail;
  • Attempt to interfere with the Platform’s servers, compromise the integrity or security of their systems, or decrypt a transmission to or from them;
  • Take any action that, in Vosker’s sole discretion, would impose an unreasonable or disproportionately large load on the Platform’s infrastructure;
  • Upload data, viruses, worms or other malicious software via the Platform;
  • Gather, extract or harvest information from the Platform that can be used to identify individuals (including User names);
  • Impersonate any person or otherwise misrepresent your affiliation with a person or entity, commit fraud, conceal or attempt to conceal your identity;
  • Interfere with the proper working of the Platform;
  • Access any Content on the Platform using any means or technology other than those provided or authorized by the Platform;
  • Circumvent any measures that Vosker may use or implement to prevent or restrict access to the Platform, including, without limitation, features that prevent or restrict the use or copying of any Content or that impose limits on the use of the Platform or the Content contained therein; and
  • Otherwise use the Platform in contravention of any applicable law.

3.4. Investigations and prosecutions.

Vosker shall have the right to investigate and prosecute any violation of the Terms of Use to the fullest extent of the law. You acknowledge that Vosker has no obligation to review your Content (as defined below) or monitor your access to or use of the Platform, but has the right to do so, in order to ensure compliance with the Terms of Use, applicable laws, court orders, search warrants or requirements of any court or governmental or regulatory body. In the event of a breach of these Terms of Use, Vosker reserves the right, at any time and without notice, to remove your Content and disable your access to the Platform.

4. ELECTRONIC COMMUNICATIONS

When you provide your e-mail address to Vosker through the Platform, you expressly consent to Vosker keeping your e-mail address in its databases and to Vosker using it in its mailing lists in order to communicate with you to (i) validate certain information related to your account, (ii) keep you informed of the status of your account on the Platform, (iii) conduct surveys or verifications concerning the Platform, in particular concerning its functionalities, its ease of use or your appreciation of the Platform, (iv) inform you of advantages or promotions offered by Vosker (unless you explicitly unsubscribe to the newsletters), or (v) any other reason relating to the Platform or the security of the Users.

5. YOUR ACCOUNT

5.1. Creating an account.

Certain features of the Platform require the creation of a User account. When creating a User account, you agree to provide Vosker with true and complete information about yourself as required by the registration process and to update such information as necessary to keep it accurate at all times. You must also choose a unique and secure password. In the event of a breach of this paragraph, Vosker may terminate your right to use the Platform, at its sole discretion.

5.2. Account responsibility.

You are entirely responsible for maintaining the confidentiality of your password and User name. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Vosker of any unauthorized activity that occurs under your account or any other breach of security.

5.3. Account security.

Vosker cannot guarantee that unauthorized third parties will never be able to circumvent the security measures of the Platform or that they will not make unlawful use of information on the Platform that you have provided to us and that allows us to identify you (the “Personal Information“). You acknowledge that you provide your Personal Information at your own risk. For more information on Vosker’s privacy practices, please refer to our Privacy Policy at  https://www.vosker.com/privacy-policy/.

5.4. Responsibility for account misuse.

Vosker shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred by you as a result of someone else using, with or without your consent, your password or username, or your account. You may also be held liable for losses incurred by Vosker or a third party due to someone else using your account, username or password.

5.5. Use of other accounts.

You are prohibited from using another person’s account at any time, except with the permission of the account holder as his or her authorized agent (hereinafter the “Authorized Use“). You acknowledge that you are solely responsible for any damage or loss that may result from Authorized Use. In the event of Authorized Use, you hereby agree to indemnify, defend and hold Vosker and its affiliates harmless from any claim or suit by any third party alleging any damages resulting from Authorized Use.

5.6. Account closure.

Vosker reserves the right to delete any account that has been inactive for a period of at least one (1) year, as well as any data associated with such account. However, no data will be deleted without prior notice to the account holder.

5.7. Account suspension.

You may suspend or terminate your account on the Platform for any reason, at your sole discretion and without notice, without liability to Vosker. For more information on the process of deleting your account, please refer to Vosker’s Privacy Policy at  https://www.vosker.com/privacy-policy/.

6. PLATFORM FEES

6.1. Fees.

Vosker may charge fees for access to the Platform. However, unless Vosker obtains your prior consent to the payment of such fees, such fees will never be charged. Fees will be prominently displayed on the Platform and in other appropriate places.

6.2. Rates.

You shall pay all charges billed to your account at the rate in effect for the billing period in which they are incurred. You shall also pay all applicable taxes in connection with the use of the Platform through your account.

7. PURCHASE ORDERS AND SALES

7.1. Order form.

If You are a commercial customer such as a retailer, distributor or consumer using the Products and Services for commercial purposes or professional activities, You must submit a Purchase Order for our Products and Services (the “Purchase Order“) on our standard Purchase Order form made available to You via the Site. Once the Order Form has been accepted by Vosker, this Order Form will constitute a legally binding contract between You and Vosker.

If you are an ordinary consumer, you can place an order online via our Website by entering the required information (hereinafter the “Online Consumer“).

7.1.1. Order form contents.

Before concluding a sale through the Platform, Vosker will disclose, expressly bring to your attention and present to you the following information in a visible and understandable manner, so that you may easily retain and print your Purchase Order, and correct any errors before it is sent to us and registered:

  • our name and any other name under which we operate;
  • our address;
  • our telephone number and, if applicable, our fax number and e-mail address;
  • a detailed description of the Products or Services to be covered by the Purchase Order, including technical characteristics and specifications or model or part number;
  • a detailed list of the quantity and unit prices of the Products or Services to be covered by the Purchase Order, including any related charges invoiced to you and any additional charges payable by law;
  • a description of any additional charges payable to a third party, such as customs duties and brokerage fees, the amount of which cannot reasonably be determined;
  • the total amount payable by you under the contract and, if applicable, the number of instalments, the rate applicable to the use of an ancillary Product or Service, and the terms of payment;
  • the currency in which amounts due under the contract are payable, if not in Canadian dollars;
  • the date on which, or the period within which, our principal obligation is to be performed;
  • if applicable, the method of delivery, the name of the carrier and the place of delivery;
  • the applicable cancellation, termination, return, exchange and refund conditions, if any; and
  • any other applicable restrictions or conditions.

7.2. Data encryption.

You agree that your data (excluding credit card information), may be transferred without encryption and involve transmissions over different networks, as well as modifications to conform and adapt to the technical requirements of connecting networks or devices.

7.3. Acceptance or rejection of Vosker.

Notice of acceptance or rejection.

Within ten (10) business days following receipt of your Purchase Order and payment for the Products or Services which are the subject of the Purchase Order, Vosker will inform you whether or not the Purchase Order is accepted. Vosker may reject the Purchase Order for any reason whatsoever, at its sole discretion and without explanation.

Acceptance and presumed acceptance.

The parties will be bound by the Purchase Order when Vosker notifies you of its acceptance, or if Vosker does not notify you of its acceptance or rejection, within ten (10) business days of receipt of your Purchase Order.

If you are an Online Consumer, Vosker will notify you of the confirmation of your order by e-mail within a reasonable time, including the details of the transaction.

Modification.

Vosker may propose an amendment to a Purchase Order by including in its notice an amended Purchase Order, which you may accept or reject in accordance with the acceptance and rejection procedures set forth in this section.

7.4. Price, billing and payments.

Price.

You will pay Vosker’s listed price for each Product or Service, as indicated on the Platform.

Payment and taxes.

Vosker will invoice, require and collect payment in full for the Products or Services that are the subject of a Purchase Order upon receipt of such Purchase Order. The final amount will include sales taxes applicable in your territory.

Invoice and receipt.

Vosker will send or give you access to the invoice for each Purchase Order and a payment receipt upon receipt of payment for the Products or Services that are the subject of a Purchase Order. Vosker will send or notify you of each invoice and payment receipt in writing to the e‑mail address you have provided in the Purchase Order.

7.5. Delivery of Products or Services.

Delivery.

Vosker will deliver each merchandise order to you in accordance with the delivery method offered at the time of purchase on the Platform and to the shipping address indicated at the time of your online purchase. All delivery times provided are estimates only and Vosker cannot be held responsible for any delays in delivery.

Vosker’s main obligation.

Vosker’s primary obligation is presumed to have been performed if Vosker has attempted to perform it on the date specified in the Purchase Order, on a later date agreed upon in writing between you and Vosker, or on the date specified in a notice sent to you within a reasonable time, but has been prevented from doing so by your actions or negligence.

Risks of losses.

Vosker will remain liable for any damage, loss or defect in the goods until they are delivered to you, after which you will be solely responsible.

8. PROVISIONS APPLICABLE TO CONSUMERS ONLY

The following provisions apply only to buyers who are Consumers: the “Consumers” means “natural persons, with the exception of merchants who obtain our Products or Services as part of their professional activity”.

8.1. Remote contract.

The distance contract for the sale of Products or Services between Vosker and a Consumer will be evidenced in writing, a copy of which will be sent to the Consumer within fifteen (15) days of its conclusion, in such a way that the Consumer can easily retain and print it, and will indicate:

  • The name and address of the Consumer;
  • The date on which the contract is concluded; and
  • The information described in section 7.1.1 above (Order Form Contents), as disclosed prior to the conclusion of the contract.

8.2. Cancellation.

The Consumer may cancel the contract within seven (7) days of receiving a copy if:

  • Vosker has not disclosed to the Consumer, by confirmation to the e-mail address registered by the Consumer at the time of the transaction, the information described in section 7.1.1 above (Order Form Content) prior to the conclusion of the contract, or has not disclosed such information in accordance with this section;
  • Vosker has not given the Consumer the express opportunity, prior to the conclusion of the contract, to accept or reject the proposal or to correct any errors; or
  • The contract does not meet the requirements of section 8.1 above (Distance contract).

However, the cancellation period commences upon Vosker’s performance of the principal obligation if the Consumer, at that time, becomes aware that Vosker has not disclosed all of the information described in section 7.1.1 above (Order Form Content). If Vosker does not send a copy of the Agreement to the Consumer within the time limit set forth in section 8.1. above (Distance Agreement), the Consumer has thirty (30) days, from the date of conclusion of the Agreement, to cancel the Agreement.

The Consumer’s right to terminate the contract is exercised by sending a notice to Vosker. The Contract is terminated by operation of law as of the date of dispatch of the notice of termination. Within fifteen (15) days of the termination of the Contract, Vosker must reimburse all sums paid by the Consumer under the Contract. Within fifteen (15) days of the termination of the contract, or after delivery if this is subsequent to the termination, the Consumer must return to Vosker the Products that were the subject of the contract in the condition in which they were received. Vosker will bear the reasonable costs of return.

A distance contract may also be terminated by the Consumer at any time prior to the performance of Vosker’s principal obligation if Vosker’s principal obligation is not performed within thirty (30) days following the date specified in the contract or the later date agreed upon in writing between the Consumer and Vosker, or within thirty (30) days following the conclusion of the contract which does not specify a date or term for the performance of Vosker’s principal obligation.

8.3. Chargeback.

If Vosker defaults in its obligation to make a refund and the Consumer has paid by credit card, the Consumer may, within sixty (60) days of the default, request the card issuer to charge back all amounts paid under the distance contract and any ancillary contracts, and to cancel all charges made to the Consumer’s account in connection with such contracts. A chargeback request must be made in writing and contain the following information:

  • Name of credit card holder;
  • Credit card number and expiry date;
  • Vosker’s legal name (9381-9506 Québec Inc.);
  • The date on which the distance contract was concluded;
  • The amount debited from the credit card account and the amounts to be reimbursed by Vosker;
  • A description of the Products or Services that are the subject of the contract and for which a chargeback is requested;
  • The reason for cancellation of the Contract; and
  • The date of cancellation and the means used to send the cancellation notice.

9. RETURN, REFUND AND EXCHANGE CONDITIONS

For the purposes of these Terms of Use, the term ” Product ” refers to all components or materials of the products offered by Vosker.

9.1. Refund.

Vosker does not offer any refunds, other than to Consumers in the cases mentioned in Article 8.

9.2. Exchange.

You may, within thirty (30) days of purchasing a Product, request an exchange for another Product of the same or greater value by paying the difference in price. In the event that you choose a Product of lesser value, Vosker will not refund the difference between the original higher price and the purchase price of the replacement Product. To be eligible for an exchange, your Product must be unused and in the same condition in which you received it.

9.3. Return.

To complete your return, Vosker requires a receipt or proof of purchase issued by Vosker. To return your Product for exchange or return, you must contact Vosker prior to shipping your Product and Vosker will provide you with a Return Merchandise Authorization (RMA) number.

Under no circumstances will Vosker accept returns for which freight charges must be paid upon receipt. Such shipments will be refused upon receipt and returned to the sender. If however Vosker accepts such a shipment, Vosker may, at its sole discretion, deduct the amounts charged for transportation from the refund to be made. You are responsible for any loss or damage to the equipment during shipment. We do not guarantee that we will receive your returned item. Shipping and handling charges are non-refundable.

Upon receipt of the returned Product and subject to Vosker’s approval of the refund, Vosker will have sixty (60) days to issue the refund.

9.4. Refusal.

In the event that, based on the condition of your Product and at Vosker’s sole discretion, the return is refused, the Product may not be credited for an exchange and Vosker may dispose of the Product.

10. PRODUCTS OR SERVICES

10.1. Colors and images.

Vosker has made every effort to display as accurately as possible the colors and images of our Products that appear on the Platform, but we cannot guarantee that the display of a color on your screen will be accurate or that the Product you receive will be exactly as shown on the Platform.

10.2. Changes to Products or Services and prices.

The prices of our Products and Services are subject to change without notice. Vosker reserves the right, at any time, to modify or discontinue the Services (or any part or content thereof) without notice. Vosker shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

10.3. Limitations and interruption.

Vosker reserves the right, but is not obligated, to limit or restrict sales of our Products or Services to any person, geographic region or jurisdiction. This right may be exercised on a case-by-case basis. Vosker reserves the right to limit the quantities of any Products or Services offered. All Product or Service descriptions and prices are subject to change at any time without notice and at our sole discretion. Vosker reserves the right to discontinue any Service or remove any Product from the Platform at any time. Any offer of Products or Services made on the Platform is void where prohibited by law.

10.4. Quality.

Vosker does not warrant that the quality of any Product, Service, information or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

10.5. Warranty.

Vosker offers a two (2) year warranty on cameras and other transmission devices sold and a one (1) year warranty on all other Products sold, including accessories. To this end, please visit the Platform to consult the instruction manual for your Product. In the event of any discrepancy between these Terms of Use and the instruction manual, the information in the instruction manual shall prevail. No warranty will be given on any Product that has suffered physical damage. All Products must be carefully diagnosed by one of our agents before an RMA is issued for a warranty return.

11. ACCURACY OF BILLING AND ACCOUNT INFORMATION

Vosker may, at its sole discretion, limit or cancel quantities purchased per person, per household or per order, including orders placed by or under the same customer account, the same credit card or orders using the same billing or shipping address.

12.INTELLECTUAL PROPERTY

12.1. Trademarks.

All trademarks (including words, phrases and logos) used by Vosker to distinguish, or so as to distinguish, its own Products or Services from those of others, are the property of Vosker. Vosker’s trademarks may not be used, reproduced or imitated, in whole or in part, without the prior written permission of Vosker.

12.2. Copyright.

All original works reproduced or published on the Platform are protected by copyright. The owner of the copyright in each work reserves all rights therein. You acknowledge that it is an infringement for any person to perform, without the consent of the copyright owner, any act that, under applicable law, only the copyright owner may perform.

12.3. Other rights.

The Platform, or any part thereof, may be protected by industrial designs or patents. Vosker reserves all rights to the Platform not expressly granted herein. You agree not to use, copy or distribute any content of the Platform other than for the Authorized Purposes.

12.4. Feedback.

Vosker shall be free to use, profit from, disclose, publish, keep secret or otherwise exploit any comments, suggestions or other ideas to improve or modify in any way the Platform or any other Vosker Product or service (the “Feedback”), without compensation or attribution to the User or any person from whom such Feedback originated.

12.5. Documentation.

Vosker will, from time to time, provide the User with Documentation, either online or in any material form, describing the features, operation and use of the Platform (the “Documentation”). The User understands and agrees that he/she may reproduce and use the Documentation only as necessary to support his/her use of the Platform.

13. USER CONTENT

13.1. Ownership of Content.

You retain all proprietary rights to any images, text, graphics, videos, photos, information or other materials (the “Content”) uploaded to the Platform.

13.2. Content License.

By submitting Content to the Platform, you grant Vosker a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable and transferable license to do anything with your Content that, under any applicable law, you would otherwise have the exclusive right to do, including the right to authorize anything with respect to such Content, including for commercial and non-commercial purposes, subject to Vosker’s Privacy Policy.

13.3. Responsibility of Content.

You hereby acknowledge and agree that you are solely responsible for all Content that you submit to the Platform or otherwise share with third parties. Accordingly, you represent and warrant that (i) you are the sole and exclusive owner of all Content submitted to the Platform, or you have all necessary rights, licenses, permissions, consents and authorizations to grant Vosker the rights to such Content, and (ii) neither the Content nor your publication, transmission or submission of your Content or Vosker’s use of your Content infringes or will infringe the rights of any third party, including intellectual property rights and rights of publicity, or any law or regulation, domestic or foreign.

By uploading Content that is prohibited, illegal, or for which you are not the owner or rights holder, you agree to defend, indemnify and hold harmless Vosker, its affiliates and related companies, and their respective officers, agents, directors, employees, licensors and assigns, from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, debts, expenses (including legal fees and disbursements) and settlement amounts arising out of or related to the infringement caused by the Content.

13.4. Personal information.

For more information on how Vosker may collect, use or disclose personal information, please see Vosker’s Privacy Policy at  https://www.vosker.com/privacy-policy/.

13.5. Third party Content.

Through the Platform, you may have the opportunity to use and/or access Content provided by third parties. Vosker cannot guarantee that such third party Content will be free of material that you may find objectionable or otherwise. Vosker disclaims all liability related to your access or use of any third party Content.

14. CONFIDENTIAL INFORMATION

14.1. Definitions.

For the purposes of this Article 15, the term “Confidential Information” means any material, non-public information relating to Vosker (including any trade secrets), whether written or oral, and whether or not marked as confidential.

14.2. Confidentiality Obligation.

The User must keep confidential all Confidential Information of Vosker that Vosker has disclosed to him or made available to him, directly or indirectly, by any means of communication or observation.

14.3. Limited purposes.

The User may only use Confidential Information for the purposes of its use of the Platform.

14.4. Non-disclosure.

The User may not disclose Confidential Information to any third party, except to the extent that such disclosure:

  • is permitted by these Terms of Use;
  • is subject to Vosker’s prior written and signed consent; or
  • is required by law.

14.5. Opinion.

The User shall notify Vosker promptly and in a timely manner if the User is required by law to disclose any Confidential Information or has knowledge of any unauthorized disclosure of Confidential Information.

15. HYPERLINKS

The Platform may contain hyperlinks to external Internet sites, which will take you away from the Platform (the “External Sites”). You acknowledge and agree that Vosker is not responsible for the availability of such External Sites, nor for the accuracy of the Content, products or services available on such External Sites. Hyperlinks to External Sites do not imply any approval or endorsement by Vosker of such External Sites. You agree to assume all risks arising from your use of External Sites. By using the Platform, you expressly release Vosker from any liability arising from your use of any External Site.

16. NO WARRANTY

The Platform is provided to you “as is”, without warranty of any kind. To the fullest extent permissible pursuant to applicable law, Vosker disclaims all warranties, express or implied, including warranties as to merchantability or fitness for a particular purpose, non-infringement, accuracy, freedom from error, accuracy of Content, or availability. Vosker may update the Platform without prior notice to Users. Although Vosker makes every effort to ensure that the information presented on the Platform is complete and accurate, Vosker cannot guarantee that such information is free of all errors, omissions and inaccuracies. Vosker makes no warranty regarding the quality of the Products, Services or Content purchased or obtained through the Platform.

17. LIMITATION OF LIABILITY

You acknowledge and agree that you assume all risks resulting from your access to or use of the Platform, the Services and the Products.

In no event will Vosker’s and its Affiliates’ (defined below) total liability to you for all direct damages arising out of or relating to the Products, the Product software or the Services (whether in contract, tort, negligence or otherwise) exceed the amount paid by you, if any, for the Products, the Product software or the Product Services in question during the preceding twelve (12) months. This limitation is cumulative and will not be increased by the existence of multiple incidents or claims. Vosker and its Affiliates disclaim all liability of any kind with respect to the licensors and suppliers of Vosker and its Affiliates. The “Affiliates” refers to all affiliates, parent companies and subsidiaries of Vosker and their officers, directors, employees, subcontractors, agents, licensees, successors and assigns.

To the fullest extent permitted by applicable law, in no event, including negligence, shall Vosker or its Affiliates be liable for any indirect, special, incidental or consequential damages, including, but not limited to, damages for loss of use, loss of data or loss of profits, whether in contract, tort or otherwise, arising out of or in connection with the Products, accessories or Services offered by Vosker, even if Vosker or such Affiliate knew or should have known of the possibility of such damages. This provision is not intended to limit Vosker’s liability in the event of Vosker’s willful or intentional misconduct.

To the maximum extent permitted by applicable law, Vosker shall in no event be liable for any Content, including, but not limited to, the use or inability to use the Platform, the Services offered through the Platform or the Products, loss of Content, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available through the Platform or the Services. This includes, without limitation, any damage caused by or resulting from a User’s reliance on any information obtained from the Platform, or which results from errors, omissions, interruptions, deletion of files or emails, defects, viruses, delays in operation or transmission or any failure of performance. In addition, Vosker does not guarantee that your camera will be able to provide accurate GPS coordinates of your camera at all times and will not be liable for the unavailability of this service.

Vosker hereby expressly disclaims liability for any claims for Service failures that are due to normal wear and tear of the Product, misuse of the Product, abuse, modification of the Product, improper selection of the Product or your failure to comply with any applicable federal, state or local laws. You understand and agree that this limitation of liability applies even if Vosker is found liable for any loss or damage due to breach of contract, breach of express, implied or limited warranty, negligence of any kind or degree, Product liability, subrogation, indemnification or contribution or any other theory of liability. However, this limitation of liability does not apply to any willful, wanton, intentional or reckless misconduct of Vosker or to any gross negligence of Vosker in states which do not allow limitation of liability for gross negligence or where such is due to a negligent breach of any material contractual duty or obligation on the part of Vosker.

You install and use the Products and Services at your own discretion and risk. You are solely responsible for adequate protection and backup of data and/or equipment used in connection with your use of the Services, and you agree to hold Vosker harmless and agree not to sue Vosker or its Affiliates for any claim based on your use of the Products or Services, including claims for loss of data or Content, delayed performance, non-performance, poor performance or lost profits resulting from your use of the Products or Services. You are solely responsible for (and Vosker and its Affiliates disclaim all liability for) any loss, liability or damage resulting from your use or installation of a Product, including damage or loss to HVAC systems, plumbing, homes, Products, other devices connected to the Product, computers, mobile devices, and all other items and pets in your home.

It is understood that you are solely responsible for protecting yourself against any risk of loss with appropriate insurance coverage, and that it is your responsibility to obtain all insurance coverage you deem necessary. To the fullest extent permitted by applicable law and by the applicable insurance policy(ies) you obtain and maintain, you release Vosker from any liability for any loss, occurrence, event or condition covered by your insurance.

18. COMPENSATION

By using the Platform, you agree to defend, indemnify and hold harmless Vosker, its Affiliates, and their respective officers, agents, directors, employees, licensors and assigns from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, debts, expenses (including legal fees and disbursements) and amounts paid in settlement arising out of or related to your use of the Platform, or your violation of the Terms of Use or the rights of third parties. Vosker may assume the exclusive defense and control of any matter for which you have agreed to indemnify Vosker and you agree to assist and cooperate with Vosker in the defense or settlement of any such matter.

19. TERMINATION

19.1. Termination by Vosker.

Vosker may terminate or suspend your access to or use of the Platform immediately, without notice and without liability, for any reason whatsoever, including breach of these Terms of Use.

19.2. Effect of termination.

Upon termination of your access or right to use the Platform, your right to use or access the Platform shall immediately cease.

19.3. Survival of clauses.

The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination, including provisions relating to intellectual property, absence of warranty, limitation of liability and indemnification. Termination of your access to and use of the Platform does not relieve you of any obligations prior to termination and does not limit any liability you may have to Vosker or any third party.

20. LITIGATIONS

20.1. Claim procedure.

For any dispute arising out of or in connection with this agreement, you agree, in the first instance, to contact Vosker to attempt to resolve the dispute informally. If Vosker has been unable to resolve the dispute with you informally, each party agrees to resolve the dispute by first resorting to mediation, in accordance with the provisions of articles 605 et seq. of the Code of Civil Procedure of Quebec, unless the mediation (i) is not initiated by a party within ten (10) days following the expiration of the period indicated in a notice of default sent by one party to the other, or (ii) has not resulted in an amicable settlement after twenty (20) days from the commencement of the mediation and, thereafter, if the mediation has not resulted in an amicable settlement, in binding arbitration, in Quebec City (Canada) unless you and Vosker agree otherwise, in accordance with the provisions of articles 620 et seq. of the Code of Civil Procedure of Quebec, except in circumstances where applicable laws prohibit referral to arbitration or restrict a Consumer’s right to go to court.

20.2. Class action.

Except in circumstances where applicable law prohibits restrictions on a party’s right to bring a class action, all claims must be brought by the parties in their own names, and not as plaintiffs or class members, in any proceeding by representation or in a class action and, unless the parties agree otherwise, an arbitrator may not join the claims of more than one person.

20.3. Injunction.

Nothing in this article shall prevent the parties from obtaining interim measures or a safeguard order, such as an injunction or any other measure deemed equitable, from a court of competent jurisdiction, before or during the arbitration proceedings.

21. APPLICABLES LAWS

This agreement shall be governed by and construed in accordance with the laws in force in the Province of Quebec, without regard to its conflict of law rules. Your conduct may also be subject to other local, national or state laws.

22. GENERAL

22.1. Entire agreement

These Terms of Use and the Privacy Policy supersede any prior agreements between you and Vosker and constitute the entire agreement between you and Vosker.

22.2. Transfer.

You may not assign or transfer these Terms of Use and Privacy Policy or any rights or obligations hereunder.

22.3. Waiver.

Vosker’s failure or delay in exercising any right, remedy, power or privilege under the Terms of Use shall not constitute a waiver of such right, remedy, power or privilege. To be valid, a waiver must be in writing and must be signed by an authorized representative of Vosker. A written waiver of any defect shall not be construed as a waiver of any other defect or defect of like nature which may occur in the future.

22.4. Invalidity or unenforceability.

Even if one or more provisions of these Terms of Use or the Personal Data Protection Policy are declared invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of these Terms of Use or the Personal Data Protection Policy; the Terms of Use or the Personal Data Protection Policy shall then be construed as if the invalid or unenforceable provision had never been part of these Terms of Use or the Personal Data Protection Policy.

23. CONTACT US

Vosker welcomes your comments and suggestions, which can be sent to our customer service (https://www.vosker.com/support/contact-us/).

24. Personal data protection

If you have any questions about how we handle your personal information, please refer to our Privacy Policy or contact us at the following address: privacy@vosker.com.

Please note that general customer service requests not related to the processing of personal data will not be processed.

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