Terms of service

Terms of use of the lemarche.famillefontaine.ca site (Montpak International inc.)

This version comes into force on September 4^th, 2023.

Introduction

Welcome to SHOPIFY: https://lemarche.famillefontaine.ca is a site owned and operated by Montpak International Inc. for its registered trademark Famille Fontaine.

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE VISITING OR USING THE SITE AS VISITING OR USING THE SITE IS SUBJECT TO THIS AGREEMENT.

Purpose and acceptance

These Terms of Use set out your obligations and those of Montpak International Inc. (lemarche.famillefontaine.ca) with respect to your access to and use of the Site. By accessing or using the Online Sales Site, you accept these Terms of Use in their entirety and enter into a contract that legally binds you to Montpak International Inc. (lemarche.famillefontaine.ca) from the moment you access or use the Site.  If you are under the age of 14 or do not agree to any provision of these Terms of Use, you are not authorized to access or use the Site.

By using or accessing the Site, you confirm that you have read and understand these Terms of Use, that you expressly agree to be bound by and comply with them, and to comply with all applicable laws and regulations that govern the Site. If you do not agree to these Terms of Use, you must stop using the Site.

Definitions

Unless the context dictates otherwise, when used in these Terms of Use, the following terms mean:

"Terms of Use": All the provisions contained in this document as well as any modifications that may be made in the future;

"Content": Any information, text, image, video, document or data published or disseminated through the Site;

"Document": Any file of any format and on any medium accessible on the Site;

"Data": Any information created, generated, communicated or stored in connection with access to and use of the Site or otherwise in connection with the execution of these Terms of Use;

"We/us/our" (with or without capitalization) or "Montpak International inc. (lemarche.famillefontaine.ca)" or the "Company": These terms refer to Montpak International inc., also doing business under the registered trademark Famille Fontaine, a Quebec corporation, whose principal place of business is located in Laval, Quebec, Canada;

"Policy": All policies issued by the Company including the Privacy Policy.

"Products": any food product as well as any other product or brand sold by us on the Site;

"Online Sales Site or Site": the entire Online Sales Site accessible at  the URL lemarche.famillefontaine.ca including in particular the online marketplace and the pages dedicated to the settings of the Users' accounts;

"User(s)": Any person accessing or using the Site, including you;

"You/your" (capitalized or non-capitalized): These terms refer to you specifically;

User accounts and logins

To create a user account on the Site, you must complete the registration form on the Site.  Montpak International inc. (lemarche.famillefontaine.ca) reserves the right to accept or refuse the creation of your user account. You will be required to create a username and password that allows you to identify yourself when connecting to the Site.

You agree not to impersonate any person, create a false identity and update the information provided in the event of any change. In addition, you will not create an account for anyone other than yourself, provide any email address that you do not own, or create multiple accounts.

You are responsible for maintaining the confidentiality and security of your access code and password allowing you to log in to your user account (the "Credentials"). You must maintain the security and confidentiality of your Credentials at all times, do not disclose them to anyone and do not allow anyone other than you to use them. You must ensure that any use of the Identifiers complies with these Terms of Use. Once you have accessed the Site using the Identifiers, you will not leave the computer device or terminal used to access it without closing your session and closing the browser or browser window used.

Montpak International inc. (lemarche.famillefontaine.ca) is under no obligation to verify the true identity or authority of any person who uses the Credentials to access and use the Site.  Montpak International inc. (lemarche.famillefontaine.ca) may follow up and act in accordance with any communication made or instruction given with the use of the Identifiers. Any access or use made with the Identifiers will be deemed to have been made by the true holder of the account associated with them.  Montpak International Inc. (lemarche.famillefontaine.ca) may, however, at its sole discretion, verify the identity of any person seeking to access and use the Site.

You will notify us immediately by sending a message to support@famillefontaine.ca  if you know or suspect that your Credentials have been lost, stolen, known to another person or used by another person.

Deleting the user account

Montpak International Inc. (lemarche.famillefontaine.ca) may, at its discretion, at any time, without prior notice, and without liability to you or any other person, delete your user account. If necessary, Montpak International Inc. (lemarche.famillefontaine.ca) will nevertheless endeavor to notify you in advance. Such deletion will occur in particular if you fail to comply with this agreement, in the event of improper or unlawful use of the Site or the Products or if termination is necessary to prevent or avoid the occurrence of harm to any third party.

In addition, you can delete your user account directly on the Site in the section provided for this purpose. In this case, your user account will cease to be accessible. Following the date of termination, Montpak International inc. (lemarche.famillefontaine.ca) may retain the data related to your user account for a certain period of time as part of the administration of its obligations and responsibilities.

If your user account is deleted for any reason, this Agreement and any other agreements then existing between you and Montpak International Inc. (lemarche.famillefontaine.ca) will continue to apply and bind you with respect to your access to and prior use of the Site.

Cession

Montpak International Inc. (lemarche.famillefontaine.ca) may assign its rights and obligations hereunder. You may not assign your rights and obligations hereunder or the privileges assigned to your user account in any form.

Rights of use of the site

In consideration of your acceptance of these Terms of Use, you are authorized to access and use the Site (including any Products or services accessible through it, if any) in accordance with the access rights granted to you under your user account; and, in accordance with the terms set forth in this Agreement and applicable laws.

Bans

Users must refrain from any action that may affect the accessibility, security, integrity and functionality of the Site and refrain from any attempt to gain unauthorized access to the Data of other Users.

Any use for republication/redistribution, resale or rental is prohibited.

You are only authorized to use the information made available and generated through the Site in accordance with these Terms.

User Communications

When you create a user account giving you access to the Site, you confirm that the e-mail address you provide as well as your user account itself are and will at all times be active addresses to which you agree to receive the documents and information intended for you as well as our offers and promotions that will be sent to you in connection with your access to or use of the Site. You agree that the transmission of a document to this address or to your user account will result in a deemed receipt by you.

Service Availability

Montpak International inc. (lemarche.famillefontaine.ca) aims to ensure the highest possible availability of the Site, but cannot guarantee uninterrupted access and availability.  Montpak International inc. (lemarche.famillefontaine.ca) reserves the right to interrupt the availability of the Online Sales Site, in particular in the following cases:

• For the maintenance purposes of the Online Sales Site, including updates;
• For the improvement and installation of new features;
• For the verification and audit of the proper functioning and use of the Site.
• In case of breakdown or risk of failure.

Intellectual property

The Online Sales Site (https://lemarche.famillefontaine.ca) is the exclusive property of Montpak International Inc. (including headers, graphic elements, icons, text and presentation, arrangement, coordination, image enrichment and any other information included in the text, graphic elements, audio and video tapes, images, icons, software, patterns,  applications, documents, data and any other material available on or through the Site).

Similarly, certain names, domain names, words, phrases, logos, icons, or designs appearing on the Site are the property of Montpak International inc. (lemarche.famillefontaine.ca).

The Company's trademarks are protected by Canadian and international copyright and trademark laws and all other applicable laws. Use of the Site does not grant you title or license to use it for purposes other than those provided for in these Terms of Use for any material found on the Site. You may not modify or create derivative works from the content you will have access to on the Site.

Personal Information

By accepting these Terms of Use and each time you use the Site, you consent to Montpak International inc. (lemarche.famillefontaine.ca) collecting, using and disclosing, as appropriate, your personal information in accordance with the Act respecting the protection of personal information in the private sector and its Privacy Policy..  Montpak International Inc. (lemarche.famillefontaine.ca) may modify its Privacy Policy at any time and notify you by posting a notice to that effect on the Site.

Montpak International Inc. (lemarche.famillefontaine.ca) undertakes to notify you without delay in the event that an incident that may involve the confidentiality or security of data or documents belonging to you, including any act of hacking by a third party, should occur. In such a case, you agree to take the necessary actions to minimize any harm that may result.

Conditions of sale

Restrictions

The User agrees not to provide services involving the Products without first agreeing to a separate written agreement with Montpak International Inc. (lemarche.famillefontaine.ca).

Product Orders

Montpak International inc. (lemarche.famillefontaine.ca) aims to ensure the availability of the Products offered on the Site, but cannot guarantee their availability at all times.  Montpak International Inc. (lemarche.famillefontaine.ca) reserves the right to discontinue the purchase and sale of Products on the Site, including but not limited to the following cases:

• The Product is out of stock, in which case it will be made available as soon as it returns to the market;
• If we wish to modify the Product or any of its components;
• If the product has been withdrawn or substituted from the market by Montpak International Inc. (lemarche.famillefontaine.ca) or its supplier;

Also, Montpak International inc. (lemarche.famillefontaine.ca) reserves the right to cease the sale of any Product presented on the Site, at any time and without notice.

The prices of the Products are those displayed on the Site. These prices do not include shipping costs or sales taxes, if any, which will be added to the total amount of your invoice. It is your responsibility to pay the delivery costs as well as the taxes that apply to your order as well as the costs for the return of the Product, if applicable.  Montpak International inc. (lemarche.famillefontaine.ca) reserves the right to modify, without notice, the prices of the Products displayed on the Site.

The applicable delivery charges are based on the delivery method you have chosen and the delivery address you have provided, as mentioned in the FAQ section at the following link: https://lemarche.famillefontaine.ca/pages/faq Delivery charges are subject to change without notice.

Although our goal is to provide an error-free Site, we cannot guarantee 100% that the content is accurate or complete. When a pricing error is found, it is corrected on the Site, and the corrected price will apply to your order.  Montpak International Inc. (lemarche.famillefontaine.ca) reserves the right to cancel any order and/or offer and to correct any errors, inaccuracies or omissions, even after an order has been placed and accepted.

Place an order. You may purchase the Products displayed in the section of the Site provided for this purpose, by placing an order in accordance with the conditions of sale set forth herein. Before submitting your final order, you will be asked to confirm it. It is your responsibility to ensure the accuracy of your order, including the description of the Product(s) chosen, as well as your billing information. It is your responsibility to correct any errors or inaccuracies in your order. Once you have submitted your final order, you will receive Montpak International Inc. (lemarche.famillefontaine.ca) an electronic confirmation of your order, as well as a detailed invoice. Orders placed through the Site will not bind Montpak International inc.  (lemarche.famillefontaine.ca) only when we have accepted and processed this order and you have received an order confirmation from us. We reserve the right, without notice, to limit the quantity of any Product.

Pricing. All prices and other amounts displayed on the Site are expressed in Canadian dollars for the Canadian territory and are subject to applicable taxes, duties and shipping charges.

 

Refunds and Returns. Any purchase of products from the online marketplace will be processed in accordance with the FAQ section at the following link: https://lemarche.famillefontaine.ca/pages/faq

 

Shipping and delivery.  Montpak International inc. (lemarche.famillefontaine.ca) will ship the Products you have ordered from the Site to the address indicated on the order confirmation, according to the conditions established in the FAQ section at the following link:https://lemarche.famillefontaine.ca/pages/faq

Some restrictions may apply due to the address provided. Items in the same order cannot be delivered to more than one address.  Montpak International inc. (lemarche.famillefontaine.ca) reserves the right not to deliver to certain regions of Quebec or Canada.

Disclaimer: Use of the Online Sales Site

MONTPAK INTERNATIONAL INC. (lemarche.famillefontaine.ca) MAKES NO REPRESENTATION OR WARRANTY AS TO THE SUITABILITY OR ACCURACY OF THE INFORMATION OR PRODUCTS PRESENTED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND PRODUCTS ARE SOLD BY MONTPAK INTERNATIONAL INC. (lemarche.famillefontaine.ca) "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  MONTPAK INTERNATIONAL INC. (lemarche.famillefontaine.ca) FURTHER DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION ON THIS SITE, FOR THE ACTIONS TAKEN OR NOT TAKEN BY THE USER IN CONNECTION WITH THIS SITE, FOR ANY DAMAGE CAUSED TO THE USER'S COMPUTER OR DATA, OR FOR ANY OTHER DAMAGE SUFFERED BY THE USER IN CONNECTION WITH THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF DAMAGES; ALSO, SOME USERS MAY NOT BE AFFECTED BY THE ABOVE EXCLUSION.

Exemptions: Products purchased on the site

WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES WITH RESPECT TO PRODUCTS AND SERVICES APPEARING ON OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY DISCLAIM ANY LIABILITY ARISING FROM IMPROPER OR ABUSIVE USE OF THE PRODUCTS, MODIFICATIONS TO THE PRODUCTS, IMPROPER SELECTION OF PRODUCTS. THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES ARE UNENFORCEABLE TO THE EXTENT PROHIBITED BY LAW.

Compensation

The user agrees to indemnify, defend and hold harmless Montpak International Inc. (lemarche.famillefontaine.ca) and each of its respective advertisers, agents, officers, suppliers, directors, shareholders, employees, service providers and other contractors (collectively, the "Indemnified Parties of Montpak International Inc. (lemarche.famillefontaine.ca) from and against any and all losses, expenses, damages, costs, liabilities, demands or claims of a third party (including, without limitation, reasonable attorneys' fees, accounting fees and legal fees), suffered, incurred or paid by the indemnified parties Montpak International Inc. (lemarche.famillefontaine.ca) and arising out of or related to, as the case may be, a) your visit or use (or that of other users of your account) of the Site and/or the Products and in particular,  your or other users' access to the Site or any other content or materials through third-party websites; b) your breach of these Terms of Use or breaches of these Terms of Use (including, without limitation, any representations or warranties contained in this Agreement) with respect to any activity related to your use of the Site. You shall assist and cooperate with the indemnified parties Montpak International Inc. (lemarche.famillefontaine.ca) to the fullest extent reasonably possible. The indemnified parties Montpak International inc. (lemarche.famillefontaine.ca) shall have the right, but not the obligation, to participate with counsel of their choice in any defense against any claim that you will have to defend or for which you shall indemnify the indemnified parties Montpak International Inc. (lemarche.famillefontaine.ca) (the "Indemnity Claim"). You may not settle a claim without the prior written permission of the affected Montpak International Inc. (lemarche.famillefontaine.ca) indemnified parties.

Changes

The Company may modify these Terms of Use from time to time and notify you by a notice to that effect posted on the Site or sent to the email address associated with your User account. Your access to or use of the Site after such posting or transmission of notice will confirm that you agree to be bound by the Terms of Use as amended. If you do not agree to the changes, you must cease all use of the Site and no longer access it.

External links

The Policies referred to in this Agreement form an integral part of this Agreement and are binding on the parties.

Governing Law and Dispute Resolution

These Terms of Use, your access to and use of the Site and any related matters are governed by the laws applicable in Quebec. Any dispute between you and the Company arising out of or relating to your access to and use of the Site or concerning the validity, interpretation or application of these Terms of Use, as well as any related matter, shall be submitted exclusively to the competent Quebec court sitting in the district of Quebec, province of Quebec.

Entire Agreement

These Terms of Use supersede any other agreement, written or oral, that may have existed between you and the Company with respect to access to and use of the Site.

Contact Us

If you have any questions, comments, complaints or concerns regarding these Terms of Use, please contact us for the attention of "Customer Support" by email at the following address support@famillefontaine.ca or by phone at 1-800-527-8641.