Terms of Use

Last Updated: April 30^th 2021

These website terms and conditions of use (the “Terms of Use”) apply to your use of the www.ecamsecure.garda.com website (the “Website"). This Website is operated by GardaWorld Security Corporation on behalf of the GardaWorld group of companies and its subsidiaries (“GardaWorld”), doing business as ECAMSECURE (“ECAMSECURE”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. If you, or the entity through which you were provided access to this Website, whether via a log-in ID and password or otherwise, subscribed to certain content by way of executing a separate written agreement with ECAMSECURE, then these Terms of Use supplement the terms of such agreement, and your use of this Website is subject the terms of such agreement in addition to these Terms of Use. If you do not agree to these terms, you must not use our Website.

1. WE MAY MAKE CHANGES TO THESE TERMS AND OUR WEBSITE 

We amend these terms from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time. We may update and change our Website from time to time to reflect changes to our products, our users’ needs and our business priorities.

Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

2. OWNERSHIP AND PERMITTED USE  

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You acknowledge that this Website and the content, was developed, compiled, prepared, revised, selected and arranged by us and our affiliated third parties and information providers (“Data Providers”) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and constitute valuable intellectual property and trade secrets of us or such relevant Data Provider. You hereby agree to protect the proprietary rights of us or the relevant Data Provider in this website and its content. You agree and acknowledge that, as between you and us and our Data Providers, this website and its content, as may be amended from time to time, is the sole and exclusive property of us and our Data Providers (as applicable), and shall not be considered works for hire.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organization to content posted on our Website.

Unless otherwise specified, the Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, or sell any information or services obtained from the Website without the express written consent of GardaWorld, which consent shall be at GardaWorld's sole discretion. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

If you use, print off, copy or download any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 

3. DO NOT RELY ON INFORMATION ON THIS WEBSITE  

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. 

4. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM  

We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

5. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO  

Where our Website contains links to other Websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those Websites or resources.

6. LIMITATION OF LIABILITY

In no event shall GardaWorld be liable for any direct, indirect, punitive, incidental, special, consequential or any damages whatsoever, including, without limitation, damages for loss of use, data or profit, arising out of or in any way connected with the use or performance of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if GardaWorld had been advised of the possibility of damages. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 

If you are dissatisfied with any portion of the Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Website. 

Whether you are a consumer or a business user, different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our relevant services agreement with you, as the case may be.

If you are a business user: 

• We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it. 
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our Website; or
• use of or reliance on any content displayed on our Website.
• In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage. 

If you are a consumer user, please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7. INDEMNIFICATION

You will indemnify, defend and hold harmless us, our affiliates, directors, officers, agents employees, successors, ('Indemnitees') from and against any and all losses, liabilities, damages, costs (including reasonable attorneys' fees) and expenses arising as a result of any claims, suits or proceedings (collectively, 'Claims') brought by any third party against any Indemnitees arising from your use of this website. 

8. HOW WE MAY USE YOUR PERSONAL INFORMATION  

We will only use your personal information as set out in our Privacy Policy. 

9. PROHIBITED USES  

You may not use any linking, deep-linking, framing or page-scraping technology, robots, spiders or other automatic devices, programs, algorithms or methodologies, or any similar or equivalent manual processes, to access, acquire, copy, distribute, display or monitor any portion of this website, or in any way reproduce or circumvent the navigational structure or presentation of this website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this website.

You may use our Website only for lawful purposes. You may not use our Website:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect 
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below).
• To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). 

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of our terms of website use. 
• Not to access without authority, interfere with, damage or disrupt:
  • any part of our Website;
  • any equipment or network on which our Website is stored;
  • any software used in the provision of our Website; or
  • any equipment or network or software owned or used by any third party.

10. BREACH OF THESE TERMS OF USE  

When we consider that a breach of these Terms of Use has occurred, we may take such action as we deem appropriate. 

Failure to comply with these Terms of Use constitutes a material breach of the terms upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our Website.
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our Website. 
• Issue of a warning to you. 
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these Terms of Use. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us or our Data Providers, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity. You agree that we may, in our sole discretion and without prior notice, terminate your access to this website, for cause, which includes (but is not limited to): (i) requests by law enforcement or other government agencies, (ii) a request by you (self-initiated account deletions), (iii) discontinuance or material modification of this Website or any service offered on or through this Website, or (iv) unexpected technical issues or problems. If we do take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable legal costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to this Website as a result of any violation of these Terms of Use.

In case any of the provisions of these Terms of Use shall for any reason be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and these Terms of Use shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

11. RULES ABOUT LINKING TO OUR WEBSITE  

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other Website. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in these Terms of Use.

If you wish to link to or make any use of content on our Website other than that set out above, please contact [email protected].

12. OUR TRADEMARKS ARE REGISTERED

“ECAMSECURE” is a protected trademark. You are not permitted to use the “ECAMSECURE” mark or any of our trademarks without our explicit approval.

13. CONTACTING US

To contact us, please email [email protected] 

14. APPLICABLE LAW AND GOVERNING LAW

You agree to comply with all applicable laws and regulations. These Terms of Use and all related transactions shall be governed by the laws of the Province of Quebec and the applicable laws of Canada. The parties hereby agree to the non-exclusive jurisdiction of the courts of the Province of Quebec and that all court proceedings and hearings will be in French or in English.