Transactional Website Terms of Use

Welcome to the website of Millenium Micro Group and your merchant Group Millenium Micro affiliated with Millenium Micro Group (this affiliated merchant being referred to hereinafter as “Your Merchant”). These Transactional Website Terms of Use (hereinafter “Terms of Use”) are an important legal document which is binding on you, and we thank you in advance for reading them carefully prior to accessing our website or purchasing, installing, or using our products or services. By accessing or browsing this website, you acknowledge and represent that you have read, understood, and agree to be bound by these Terms of Use. We further request that you please also read our Confidentiality Policy, our Online Sales Policy, and our Conditions Governing the Return, Exchange, or Refund of Products Purchased Online, available by clicking on the authorized links given in this website.

Millenium Micro Group is a company offering services to its affiliated merchants; such services include the provision of an e-commerce infrastructure. Millenium Micro Group is a company legally independent from Your Merchant, which is the entity with which you are doing business.

These Terms of Use relieve Millenium Micro Group and Your Merchant of liability or limit their liability as well as some third parties’ liability, and contain other provisions that you should be aware of.

You represent and warrant that you have obtained all necessary approvals and authorizations from any person you represent, or that you have the required authority to accept all provisions of these Terms of Use, as well as the provisions of our Confidentiality Policy, Online Sales Policy, and Conditions Governing the Return, Exchange, or Refund of Products Purchased Online.

These Terms of Use and our Confidentiality Policy apply to your access and use of this website and the online services offered through it. Furthermore, our Online Sales Policy applies to your purchases, downloads, installations, or use of available products or services. Our Conditions Governing the Return, Exchange, or Refund of Products Purchased Online apply to the products that you may want to return.

Please note that we may change these Terms of Use at any time. If you have opened an account with us and this account is valid and in good standing, you will be informed of any important change by email. Your continued use of this website will be deemed your acceptance of the revised Terms of Use. The effective date of the displayed version will be indicated to help you know whether a new version has been added.

These Terms of Use are as described below and the foregoing is included in them.

 

ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use constitute an agreement between Millenium Micro Group and/or Your Merchant on one hand, and you as well as all persons you represent on the other hand (for purposes of these Terms of Use, “person” includes a natural person or a legal person, whatever it may be—physical, incorporated, immatriculated, registered, or unregistered), regarding your access and use of the Milleniummicro.ca website of Millenium Micro Group and/or the website of Your Merchant and for any content, information, product, or service available through this website (collectively, the “website”), whether such access and use are carried out in your own name or in the name of any person you represent. These Terms of Use provide, among other matters, benefits to the companies affiliated with Millenium Micro Group, in particular its affiliated merchants, suppliers, and other persons.

Whenever you use the website, you confirm that you accept and that any person you represent accepts to be bound, without limitation or reserve, by these Terms of Use, and you represent and warrant that you have the legal authority to accept these Terms of Use in your name and on behalf of any person you purport to represent. If you do not accept each of the provisions of these Terms of Use, if you are not authorized to accept these Terms of Use, or if you do not have the legal authority to accept these Terms of Use on behalf of the person you purport to represent, you are not permitted to access the website or to use it.

These Terms of Use will be added to any other term that binds you to Your Merchant, including in the framework of any transaction.

 

1. INTELLECTUAL PROPERTY AND PERMISSION TO USE THE WEBSITE

You are permitted to use this website if you are a Canadian resident and have the legal capacity to enter into contracts under the applicable law. You may not use this website if you reside in a jurisdiction where access to or use of this website or any part of it may be illegal or prohibited. You are solely responsible to determine if you can lawfully use this website, and you must comply with all applicable laws. Your Merchant reserves the right to request proof of your identity and age (for example, proof concerning your right to purchase certain games or accessories).

All intellectual property on this website, except user-generated content as defined below, is owned by Millenium Micro Group, Your Merchant, or their licensors and include any materials protected by copyright, trademark, and other forms of proprietary rights. All content displayed on this website, except user-generated content as defined below, including, but not limited to, the text, code, software, design, photos, graphics, sounds, music, videos, applications, interactive features, and any other content, represent one or more creations under copyright law in Canada and are the property of Millenium Micro Group or its licensors. They are protected by Canadian and international copyright and trademarks laws, as well as other laws. The materials displayed on this website may not be copied, reproduced, re-published, downloaded, displayed, transmitted, distributed or modified, in whole or in part, whether in text, graphic, audio, video, or executable form, except with written permission of Your Merchant.

You are authorized to use this website only in the manner described expressly in these Terms of Use and subject to any applicable law. This website is made available to you only for legal and personal or commercial use. Use of this website for any other purpose or in any other manner is strictly prohibited.

You may print the pages from this website provided that you neither modify them nor delete nor alter any identification, mark, notice, or disclaimer of responsibility, whether visible or not.

 

2. USE OF ENTERPRISE CONTENT

We may provide you certain information for your use of the website, including, but not limited to, documents, data, or information developed by Millenium Micro Group or Your Merchant, or any other material that may help you in using the website or the services (“Enterprise Content”). The Enterprise Content cannot be used for any other purpose than the use of the website and the services offered through the website. Nothing in these Terms of Use may be interpreted as granting you a license or intellectual property rights.

 

3. USER-GENERATED CONTENT

The “User-generated Content” or “User Content” includes communications, materials, information, data, opinions, photos, profiles, messages, notes, hyperlinks, textual information, designs, graphics, sounds, or any other content that you and/or other users of the website publish or make available on or through the website, except for the content which is owned by us.

When you make your User Content available to us (which may include personal information), you waive (and you represent that you have the authorization to waive in the name and on behalf of any other person you represent) any expectation of privacy that you or any other person you represent may have with regard to the use of your User Content and any image or personal information contained therein.

We are entitled to transmit, make available, and disclose all User Content made available through the website, without notice to you.

You will be solely responsible for your User Content or that of any person you represent, and you are prohibited from posting or transmitting, through the website: (i) any unlawful, threatening, libelous, obscene, or pornographic materials or information, or any other data that you may not be authorized to post, or that infringes the rights of publicity or privacy of others, or that contravenes any other law or regulation, or any materials likely to be interpreted as offensive to a child or an adult; (ii) any violent, vulgar, obscene, pornographic, or otherwise sexually explicit materials or that may cause prejudice to any person or entity, or that would be illegal or encouraging or advocating illegal activity, or the mentioning of illegal activities aimed at perpetrating them, including any materials that may constitute participation, or represent an attempt to participate, in child pornography, harassment, sexual aggression, fraud, trafficking in obscene or stolen materials, or conspiracy aimed at carrying out a criminal activity; (iii) any materials or any commercial information, including, but not limited to, the advertisement or marketing of any goods or services; (iv) any computer virus, corrupted data, or any other harmful, disruptive, or destructive files; and (v) any data, materials, or information that infringes, misappropriates, or breaches any copyright, trademark, patent, or any other exclusive rights of any third party. You will be solely liable for any damage arising from any breach of the above restrictions or for any other damage resulting from the User Content posted by you through the website.

 

4. USER ACCOUNT, PASSWORD, AND USE OF ACCOUNT

If your use of the website requires an account to identify you as user of the website (“user account”):

1. You are solely responsible for your user account; for the maintenance, confidentiality, and security of your user account and all passwords related to your user account; as well as for the activity of any person having access to your account with or without your permission.
2. You agree to immediately notify us of any unauthorized use of your user account or of services through your user account, or of a password related to your user account or of any other breach of the security of your user account or of any service provided through your user account, and you agree to help us, as we may require from you, to stop or remedy any breach of the security of your account.
3. You agree to provide true, accurate, and up-to-date user information, as we may require from time to time, and you agree to notify us of any changes to your user information as required to ensure that the information we hold is true, accurate, and up-to-date.
4. For the purposes of accessing the website, user accounts remain the property of Millenium Micro Group and may be cancelled or suspended at any time by Millenium Micro Group and/or Your Merchant at their sole discretion, without notice or liability towards you or any other person. 
5. Millenium Micro Group and Your Merchant are not bound by any obligation to verify the true identity or the authority of a person using appropriate codes (password, etc.) to access the website and use it. Millenium Micro Group and Your Merchant may act upon any communication that is given by way of using these codes and rely on the use of these codes. 
6. However, Millenium Micro Group and Your Merchant may, at their sole discretion and at any time, and without any obligation on their part, require proof of identification of any person seeking to access and use the website, and may deny access and use of the website in whole or in part or refuse to accept or act upon any communication if Millenium Micro Group or Your Merchant is not satisfied with such proof of identification.
7. Millenium Micro Group and Your Merchant will never send you any unsolicited communication asking for your password or asking you to update the information in your account.
8. If passwords have been issued to you: (a) you are solely responsible for their security and misuse; (b) you will keep the passwords secure and confidential, will not disclose them to any other person, and will not allow any other person to use them; (c) you will ensure that any use of the passwords complies with these Terms of Use; (d) once you have accessed the website using the passwords, you will not leave the computer terminal used to access the website unless and until you have terminated the session and logged off the website; and (e) you will immediately notify Millenium Micro Group by phone at 514-664-2000 extension 108, or by email at web[a]milleniummicro.ca, if you know or suspect that your passwords have been lost, stolen, are known or used by another person. 

Any information you provide through the website, including the information relating to registration (name and email address), information relating to payment (numbers of credit cards and their expiry dates), and any information relating to a transaction must be true, accurate, up to date, and complete. Millenium Micro Group and Your Merchant rely on the information you provide. You will be solely responsible and liable for any loss, damages, or additional costs that you, Millenium Micro Group, Your Merchant, or any other person may incur as a result of the fact that you provided false, inaccurate, incorrect, or incomplete information, or as a result of your failure to update the information relating to your registration or payment, within thirty (30) days of any change.

 

5. INFORMATION ON LOGOS AND TRADEMARKS

The logos as well as other trade names and commercial symbols displayed on or in connection with the website (“marks”) are the registered or unregistered trademarks and commercial names, service marks, and logos owned by or licensed to Millenium Micro Group, its suppliers, Your Merchant, and their respective owners or licensees.

Any use of marks which does not comply with these Terms of Use is strictly prohibited. No information displayed on the website or elsewhere is to be construed as granting, by implication, estoppel, or otherwise, any license or right to use the marks displayed on the website.

 

6. ACCEPTABLE USE OF THE WEBSITE

You agree not to use the website for illegal purposes or any other purpose prohibited under this clause. You agree not to use the website in any manner that could adversely affect the website, services, or commercial activity of Millenium Micro Group, any of its suppliers, or any of its affiliated merchants including Your Merchant.

You also agree not to use the website for the following purposes:

1. Harass, abuse, or threaten others or otherwise violate the legal rights of others;
2. Violate the intellectual property rights of Millenium Micro Group or of any other third party;
3. Download or transmit computer viruses or any other software that could damage the property of Millenium Micro Group or others;
4. Commit or attempt to commit a fraud;
5. Create gambling, lottery, or illegal pyramid system activities, or participate in them;
6. Publish or distribute obscene or defamatory material;

7. Publish or distribute any material prone to incite violence, hatred, or discrimination of any group, whatever it may be; and/or

8. Use illicit means for collecting information on others.

 

7. FRAMING, MIRROR-IMAGE COPYING, SCRAPING, LINKING, DATA MINING, AND PROHIBITED POSTING

It is strictly forbidden to create links to the website without the express written permission of Millenium Micro Group, except for any integrated features of the website (for example, the Facebook “Like” feature). However, you may, from time to time, send to a person you know a link to a product or service that you wish to show in order to recommend it.

In all other circumstances, to request permission to link to the website, please contact web[a]milleniummicro.ca. Millenium Micro Group reserves the right to cancel and revoke any permission it may give to link to the website at any time, without any notice or liability to you or any other person.

Framing, mirror-image copying, scraping, or data mining on the website or its contents, in whatever form, in any manner whatsoever, is strictly forbidden. It is prohibited to use collaborative browsing or display technologies in connection with your use of the website or to post comments, communications, or any other form of data of any kind to or on the website with the intention that such posting may be viewed by other users of the website.

 

8. SOFTWARE AGREEMENTS

Millenium Micro Group can provide you with software products you can download from the website or other Internet resources. Such software products are protected by copyright. Their downloading and use are governed by the applicable transaction agreement and the specific software end user license agreement. When you download any software product, you undertake to accept the applicable transaction agreement and the specific software end user license agreement.

 

9. CONTESTS AND PROMOTIONAL CAMPAIGNS

From time to time, Millenium Micro Group and/or Your Merchant may organize contests and promotional campaigns aimed at the website users and other persons. All contests and promotional campaigns are governed by these Terms of Use and the applicable Contest Rules. When you enter any contest or promotional campaign through the website, you confirm your acceptance of these Terms of Use and the applicable Contest Rules.

 

10. DISCLAIMER, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND INDEMNITY

Disclaimer of liability

Our website is only for communication purposes. You acknowledge and agree that any information published on our website is not meant to be a legal, medical, or financial notice or opinion and that no fiduciary relationship has been created between you and Millenium Micro Group and/or Your Merchant. You also agree that your purchase of products or services through our website is at your own risk. We can accept no responsibility for any advice or any other information provided on our website.

You access and use the website at your own risk. The website is provided to you on an “as is” and “as available” basis, without any representation, warranty, or condition of any kind, either expressed or implied, including without limiting the generality of the foregoing, any representation or warranty regarding the accuracy, accessibility, fitness for a particular purpose, merchantability, performance, or durability, to the extent permitted by law.

 

Exclusions of liability

Millenium Micro Group, Your Merchant, and their suppliers will in no case be liable to you or any other person for any loss or damage incurred or sustained in relation with  these Terms of Use, including without limiting the generality of the foregoing, loss of data, business, markets, revenue, savings, profits, use, production, reputation or goodwill, anticipated or actual (whether contractual, tortuous, or subject to any other principle of law or equity), arising out of or in connection with your use of the website or its use by any other person notwithstanding the fact that Millenium Micro Group, Your Merchant, and their suppliers may have been informed of the possibility of such loss or damage.

 

Statutory recognition and exclusion in some jurisdictions

The exclusion of certain warranties and the limitation of certain liabilities are prohibited in some jurisdictions. These statutory prohibitions may apply to you. IF YOU ARE A RESIDENT OF QUEBEC AND A CONSUMER, WITHIN THE MEANING OF QUEBEC CONSUMER PROTECTION ACT, THE EXCLUSION CLAUSE OF THE PREVIOUS PARAGRAPH IS NOT APPLICABLE.

Furthermore, you expressly undertake to defend or indemnify Millenium Micro Group and Your Merchant and/or their suppliers, as well as their officers, directors, employees, and other representatives against all claims, actions, and demands, or any other collection process, losses, damages, fines, penalties, or any other costs or expenses, caused by third parties, of whatever type or nature, including without limitation reasonable legal and accounting fees, resulting from: (i) your violation of these Terms of Use or documents referred to therein; (ii) your violation of any law or the rights of any third party, or in case of existence of a dispute between you and any third party; and (iii) your User Content.

 

11. CONFIDENTIALITY OF PERSONAL INFORMATION

Millenium Micro Group or Your Merchant collect, use, and disclose your personal information in accordance with their Confidentiality Policy. Millenium Micro Group or Your Merchant may change their Confidentiality Policy from time to time, at their entire discretion, in accordance with the terms and conditions described therein, and without liability towards you or any other person, by adopting a revised Confidentiality Policy, accessible through the website. By accepting these Terms of Use, you consent to Millenium Micro Group or Your Merchant collecting, using, and disclosing your personal information in accordance with their Confidentiality Policy in effect at the time whenever you use the website.

 

12. PRIVACY PROTECTION

While using the website, it is possible that you provide us certain information.

When you register for a user account, besides providing us a valid email address, you may also provide us certain additional information such as your name and/or invoicing information. Based on your use of the website, we may also receive information through external applications that you use for accessing the website, or we may receive information about you through various web technologies, such as cookies, navigation history, web beacons (also known as single-pixel or clear gif technology, or action tags), tags, and others. Please refer to our Confidentiality Policy for more information on this topic.

We use the information collected from you to ensure that you enjoy a positive experience on the website. To improve our marketing and analysis, we may also track part of the passive information received, and to do so, we may work with third-party suppliers. Please refer to our Confidentiality Policy for more information on this topic.

If you wish to block our access to any passive information that we receive using various technologies, you can choose to deactivate cookies in your web browser. This may, however, to some extent, impair the functioning of this website.

Please note that in such case we will keep receiving information about you that you provide to us, such as your email address.

 

13. REVERSE ENGINEERING AND SECURITY

You may not undertake any of the following actions:

1. Use reverse engineering or disassemble any code or software on or from this website;
2. Breach or attempt to breach the security of the website through any unauthorized access, attempt to circumvent digital encryption or any other security tool, use data, or interfere with any host, user, or network.

 

14. ONLINE SALES POLICY

Your Merchant has an Online Sales Policy which may differ from its policy applicable on the products purchased in store.

 

15. EXCHANGE OR RETURN OF PRODUCTS PURCHASED ONLINE

Your Merchant has Conditions Governing the Return, Exchange, or Refund of Products Purchased Online which may differ from the conditions applicable to the products purchased in store.

 

16. LINKS, THIRD-PARTY CONTENT, AND OTHER WEBSITES OR RESOURCES

This website may include links or referrals to other websites or resources, or to businesses operated by third parties (collectively “other websites”).

We will not under any circumstances be liable to anyone for any damage or loss connected with the use of third-party services or other websites whose link is available on our website.

Other websites are independent from Millenium Micro Group and Your Merchant. Millenium Micro Group and Your Merchant have no control on other websites and will not under any circumstances be liable for other websites or their activities, products, services, or content. We encourage you to check their legal documentation (terms of use, confidentiality policy, etc.), which may be different from ours. We do not sponsor, endorse, or recommend other websites or their activities, products, services, or content, unless expressly mentioned in writing. If you use other websites and do business with their owners or operators, you do so at your own risk and you agree not to make any claim against Millenium Micro Group or Your Merchant related to your use of other websites or your dealings with their owners or operators. As regards the relationship between you on the one hand, and Millenium Micro Group and Your Merchant on the other hand, these Terms of Use, with all necessary adaptations, apply to your use of other websites and their activities, products, services, and content.

 

17. SEVERABILITY AND APPLICATION OF CLAUSES

If any provision of these Terms of Use, or portion thereof, is found to be illegal, invalid, or unenforceable for any reason whatsoever, this provision will then be deemed severable from these Terms of Use and the other provisions will remain then in force and fully applicable.

The provisions of these Terms of Use will inure to the benefit of Millenium Micro Group and Your Merchant, and their respective suppliers, successors, assigns, and related persons, and will inure to the benefit of and be binding upon you, your heirs, executors, administrators, successors, assigns, and personal representatives. You may not assign these Terms of Use, or the rights and obligations under these Terms of Use, without the express prior written consent of Millenium Micro Group and Your Merchant, and Millenium Micro Group and Your Merchant may, at their sole discretion, withhold their consent. Millenium Micro Group and Your Merchant may assign these Terms of Use or the rights and obligations under these Terms of Use without your consent.

 

18. SERVICE INTERRUPTIONS

We may have to interrupt your access to the website to carry out unplanned maintenance work or emergency work. You agree that your access to the website may be interrupted by an unplanned or unexpected unavailability for any reason whatsoever, and in no event will we be liable for any damage or loss arising out of any such unavailability.

 

19. TERMINATION OF USER ACCOUNT

Millenium Micro Group and Your Merchant may at any time suspend, limit, or terminate your user account and your use of the website at their sole discretion, without notice and for any reason whatsoever, including the operation and effectiveness of the website or of any equipment or network belonging to us or to a third party that would be disrupted by your use or misuse of the website, or if you are currently or have been in breach of any of the provisions of these Terms of Use. Millenium Micro Group and Your Merchant will have no liability towards third parties, including a third-party supplier, for any suspension, limitation, or termination of your access to the website.

 

20. WARRANTY DISCLAIMER

Although we have deployed reasonable efforts to ensure that the content of the website is accurate, we cannot warranty that the said content is error-free, up-to-date, or exhaustive. In no event will we be liable for any damage arising out of any error on the website.

We will assume no liability for any damage arising out of the misuse of the content of the website, nor can we warrant that the website will be available without interruption, error, or omission, or that defects will be corrected. It is also not possible to warrant that the website and the servers that make it available are free of viruses or other harmful components. The website and its contents are provided on an “as is” and “as available” basis, without any representation, warranty, or condition of any kind, either expressed or implied.

If you decide to access the services or features of the website which require a subscription, you agree to provide accurate and current information about yourself, as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate. You agree to ensure confidentiality of all passwords or other account identifiers chosen by you or which will be assigned to you by Millenium Micro Group, Your Merchant, or their suppliers at the time of registration or subscription, and to assume the responsibility for all activities related to the use of these passwords or accounts. In addition, you agree to immediately notify us of any unauthorized use of your password or member account. We may not be directly or indirectly be held liable for any loss or damage of any kind whatsoever arising out of or relating to your failure to comply with this provision.

You acknowledge that we may, at our sole and absolute discretion, and without any prior notice, suspend, cancel, or terminate your account and use of or access to the website or to any of its services, and remove or delete any information or content related to the website or any of the services offered (and end your use of the services) for any reason, including if we believe that you have breached these Terms of Use. In addition, you acknowledge that in no event will we be liable to you or any other person as a result of any such suspension, cancellation, or termination. If you are dissatisfied with Millenium Micro Group, Your Merchant, or any of their services, or any of these terms, or any rules, policies, guidelines, or practices with respect to the operation of Millenium Micro Group or Your Merchant or any of their services, your only remedy is to discontinue using the website or the service in question.

 

21. APPLICABLE LAWS AND DISPUTE RESOLUTION

These Terms of Use, the Confidentiality Policy, the Online Sales Policy, and the Conditions Governing the Return, Exchange, or Refund of Products Purchased Online, as well as your access to and use of the website and any related matters will be governed by and construed in accordance with the laws of the Canadian province or territory in which Your Merchant is located, and the federal laws of Canada applicable therein. Use of the website in Quebec, by residents of Quebec, will be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. Any dispute between you, Millenium Micro Group or Your Merchant, or any other person arising from or relating to the website, these Terms of Use, or any related matters (collectively “disputes”) must be resolved before the Courts of the Canadian province or territory in which Your Merchant is located. In the case of use of the website in Quebec, by residents of Quebec, the dispute must be resolved before the Courts of the Province of Quebec. You irrevocably submit to the exclusive jurisdiction of the indicated court in connection with any dispute.

No consent or waiver by a party to or of any breach or default in the performance of any of the obligations under these Terms of Use: (a) may be deemed or construed as consent to or a waiver of a continuing breach or default or of any other breach or default in the performance of any other obligation of this party; or (b) will be binding unless agreed in writing and signed by all parties. All rights not expressly granted under these Terms of Use are reserved by Millenium Micro Group and Your Merchant.

The parties have expressly requested and required that these Terms of Use and all other related documents be drawn up in French for Quebec and English and French for other provinces or territories.

 

22. ADDITIONAL QUESTIONS AND INFORMATION

For any question or for more information, please communicate with Your Merchant by phone, email, or regular mail:

Group Millenium Micro

3135 Moise-Vincent Blvd., suite 104

 

Saint-Hubert, Quebec, J3Z 0G7

[email protected]