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Service Usage Agreement

Introduction

In order to benefit from all the Privileges and Services offered through Genium360, you must create an Account on the https://genium360.ca/ website (the “Website”) and a profile on the https://www.geniumsonar.ca/ professional platform (“Genium SONAR”). Please note that certain Privileges and Services are subject to admission criteria.

About Genium360

Genium360 Services Corporation (“Genium360”) is a not-for-profit organization. As part of our activities, we offer our Users various Privileges and Services.

For more information on Genium360, see the About section of our Website.

You can create an Account by following the instructions.

Service agreement

This service agreement (the “Agreement”) is entered into between you as a User and Genium360 upon creation of your online Account or Profile.

Please read this Agreement carefully. Use of the Account or Profile is conditional upon acceptance of all the terms and conditions indicated below.

1. Definitions: The following definitions apply to the present Agreement:

  • “Website” refers to the website located at https://genium360.ca/ as well as all its contents, features, Privileges and Services offered by it; “Account” refers to an online account that allows a User to access the secure part of the Website. Different types of Accounts exist for different categories of Users; 
  • “Genium SONAR” refers to the professional platform located at https://www.geniumsonar.ca/ that enables Users to interact with each other;
  • “Profile” refers to an online profile in the secure part of the Genium SONAR platform, which describes a set of elements specific to a User.
  • “User” refers to any person, company or organization that accesses or uses the Website or Genium SONAR;
  • “Member” means a Genium360 User who meets the conditions described in Section 3.1 of the Agreement;
  • “Associate” means any Genium360 User who meets the conditions described in Section 3.2 of the Agreement;
  • “Partner” means any Genium360 Partner offering products or services to Users and to any other person referred to in an agreement between this Partner and Genium360;
  • “Privilege” means any product or service offered by a Partner to Member and Associate Users pursuant to the agreement in effect between such Partner and Genium360;
  • “Services” means services rendered directly by Genium360 and excludes any services offered by a Partner.

2. Scope: The present Agreement governs your access to our Privileges and Services. Privileges and Services include those offered by or through us, including but not limited to those offered through the secure portion of Website accessible after opening an Account or through the secure portion of Genium SONAR after the creation of a Profile. You agree to comply with the terms and conditions of this Agreement for as long as you benefit from or use the Privileges and Services.

3. Account Types

  3.1. Member Account: In order to hold a Genium360 Member Account, you must at all times meet the conditions indicated in the General By-Laws in effect (section 10. Members) and comply with the latter.

  3.2. Associate Account: In order to hold a Genium360 Associate Account, you must at all times meet the conditions indicated in the General By-Laws in effect (section 11. Associates) and comply with the latter.

3.3. Individual Account: Users who do not have a Member or Associate Account can create an Individual Account to access Genium360's Services. You must agree to abide by the terms and conditions of this Agreement and any other terms and conditions in order to access the Services offered.

4. Requirements for maintaining an Account or a Profile

  4.1. You must be a natural person to create an Account. Registrations made by automated processes are not permitted.

  4.2. You must provide a functional and secure e-mail address for which you are the designated and unique user, which address will be associated with your Genium360 Account and will serve as your Account login identifier.

  4.3. Your login identifier (e-mail address) must only be used by one person: yourself. A unique login identifier cannot be shared by multiple persons.

  4.4. You are responsible for keeping the email address associated with your Account up to date. If you lose access to messages from your email address (that is, you can no longer read messages sent to that address), you must update your email address, either by accessing your Account online, or by contacting Genium360 Customer Service at info@genium360.ca.

5. Other agreements: This Agreement should be read in conjunction with all other written agreements concluded with us, as well as the Privacy Policy and the Terms of Use. There are also various additional terms, conditions and disclaimers in other agreements that govern the Privileges and Services. In the event of any inconsistency between the terms of this Agreement and any other written agreement with us, the terms of this Agreement shall apply to the extent necessary to resolve the inconsistency and subject to the applicability of this Agreement to the situation.

6. Modifications: We may at any time modify the Privileges, our Services, our Website, Genium SONAR, or this Agreement. We will notify you of changes to this Agreement by posting a notice to this effect on our Website or on Genium SONAR. Your use of our Website, Genium SONAR, Privileges or Services following the posting of such a notice means that you accept and agree to be bound by the Agreement as amended. If you do not agree with any change to this Agreement, you must notify us in writing. Upon receipt of the notice, you will cease to benefit from all advantages offered through us. In this case, you may no longer be able to use some of our Services and you may no longer be eligible for some of our Privileges.

7. Terminating an Account: You may request termination of your Account by sending written notice to Genium360. Closing your Account will terminate the Agreement.

8. Personal use: The Privileges and our Services may be used solely for personal or professional purposes and may only be used by you or for your own benefit and not for the benefit of any third party, unless expressly stated otherwise in the specific terms and conditions applicable to a Privilege or Service.

9. Password: When creating your Account or your Profile, you must also choose a password that will be required for online access to your Account or your Profile and the transactional portion of our Website. You must keep your Password confidential. You may not disclose it to anyone. If you think someone knows your Password, change it immediately.

10. Cancellation and interruption of service: We may cancel any Service we provide to you or any Privilege offered by our Partners at any time, without notice. We shall not be held liable for any inconvenience or loss resulting therefrom, subject to applicable law. While we do not anticipate any service interruptions or other communication system failures, and subject to applicable law, we are not liable for any loss of any kind that you may incur as a result of any such problem, unless such problem results from gross negligence or wilful misconduct (in which case our liability will be limited to direct damages suffered by you; we will not be liable for any indirect, special or consequential damages).

11. Commercial privileges: Privileges are not offered by us, but rather by Partners who have entered into agreements with us for the purpose of providing our Member and Associate Users with Privileges. The products and services you obtain under the Privileges are governed by the agreements established between you and the Partners. You are entirely free to do business with these Partners and we make no warranties of any kind, express or implied, including, without limitation, any statutory warranties or any warranties regarding merchantability or fitness for a particular purpose of products and services offered by a Partner, such warranties being given, where applicable, by Genium360 Partners. At all times, your relationship with each Partner is independent of your relationship with us. As indicated in our Privacy Policy, we may share personal information about you with Partners who offer you Privileges, and receive personal information about you from them, in all cases where this is necessary to enable you to benefit from the Privileges. If you exercise your right to withdraw your consent to the disclosure of your personal information (as you may do under our Privacy Policy), we will not be able to continue to offer you the Privileges offered by our Partners. 

12. Services from Genium360 – Warranty disclaimer: Our Services are provided “as is”. We make no warranties of any kind, express or implied, including, without limitation, any statutory warranties and any warranties of merchantability or fitness for a particular purpose with respect to our Services.

13. Liability waiver: Subject to applicable law, we will not be liable for any direct, indirect, consequential, special or punitive damages of any kind, including, without limitation, expenses, losses or damages of any kind arising in any of the following situations: a) your use of, or inability to use, our Services or Privileges; b) inaccuracies, deficiencies or errors in the content posted on our Website or in our communications with you; c) any purchase of products or services by you or others from our Partners; or d) any act or omission of a Partner, including any changes, interruptions or inaccuracies in the products and services offered by a Partner and any fees charged by the same.

14. Accuracy of the information you provide: You warrant that any information you enter on our Website, at any time, is (a) accurate and complete; and (b) is valid at all times when you are using the Services and Privileges. You are responsible for updating your file, including any changes to your name, mailing address, email address, professional status and any other information required to hold an Account or a Profile with Genium360. If the information is incomplete and we are no longer able to contact you based on the information provided, your Account or your Profile may be deleted.

15. Communication preferences: You may at any time change your preferences regarding communications that Genium360 may send to you, as provided in our Privacy Policy. However, Genium360 may still communicate with Member and Associate Users to transmit communications relating to our democratic life, elections, or decisions of meetings. Genium360 may also communicate with all Users regarding changes to the Privacy Policy, the Terms of Use, or the present Agreement. When you use our Website or contact our Partners, you consent to the formation of contractual relationships via electronic means of communication.

16. Your personal information: Any collection, use or disclosure of personal information is subject to our Privacy Policy. You hereby acknowledge that you have read it and accept its terms and conditions.

By completing the Account or Profile creation process, you acknowledge that you have read and understood this Agreement and expressly agree to be bound by all of its terms and conditions.