Using our Services for hotversus, involves providing information about yourself that shall be collected, used and disclosed.
We shall obtain information that may include your name, age, home address, phone number, marital status, income, credit history, medical information, education, employment information and social insurance numbers or such governmental registration numbers as may be applicable to provide the Service to you and to comply with all laws regarding the collection, use and disclosure of personal information. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of your personal information and allowing you to request access to, and correction of, your personal information.
We shall only collect personal information that is necessary to fulfill the following purposes:
understand your needs and eligibility for products and services;
other legal reasons as it may apply to the Service requested;
provide ongoing service;
open and manage an account; and
comply with legal requirements.
You can expect us to protect your privacy. Your information and the business you do with us is kept in strict confidence. Only authorized personnel have access to your information.
You may request correction to your personal Information to ensure its accuracy and completeness. A request must be in writing and provide sufficient detail to identify your Personal Information and the correction being sought.
We are committed to ensuring the security of your personal information and, therefore, we may use passwords, encryption, firewalls, restricted employee access or other methods, in our own discretion. We shall use appropriate security measures when destroying your personal information, as such shredding documents or deleting electronically stored information, in our own discretion.
1 - Log Data
We may collect information that your web browser sends whenever you visit our Service ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services, such as Google Analytics, that collect, monitor and analyze this type of information in order to increase our Service's functionality. These third party service providers have their own privacy policies addressing how they use such information, which for that reason, you express acknowledge that we are not responsible and/or liable for the way how said third parties will render/use your personal information.
When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use and other statistics.
2 - Location information
Subject to the provisions regarding the use of your personal information in this Agreement, we may use and store information about your location. We use this information for the purposes set out above, and specifically, to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at anytime, through your mobile device settings.
3 - Cookies
In this policy, cookies shall be considered as files with small amount of data that are sent to your browser from a web site and stored on your computer's hard drive, which may include an anonymous unique identifier.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties shall have access to your personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Therefore, you expressly acknowledge that we are not responsible and/or liable for any misuse of your personal information by said third parties.
Each web site can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a web site to access the cookies it has already sent to you, not the cookies sent to you by other sites.
Choices about Cookies
You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. (Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.)
If you reject all cookies, you will not be able to use our Service, products or services that require you to “sign in,” and you may not be able to take full advantage of all offerings.
The Service uses its own cookies for a number of purposes, including to:
Access your information when you “sign in,” so that we can provide you with customized content;
Keep track of preferences you specify while you are using the Service;
Display the most appropriate advertising banners, based on your interests and activity on the Service;
Assist merchants in to process the items in your shopping cart;
Estimate and report our total audience size and traffic;
Conduct research to improve Service’s content;
4 - Communications
We may use your personal information to contact you with newsletters, marketing or promotional materials and other information that may be of your interest. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
5- Law Compliance
As set out above, and for clarity, we will disclose your personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
6- Business Transaction
Such transference shall not give rise to any indemnification and/or liability to hotversus .
7 - Electronic Storage Security
While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
8 - International Transfer
You expressly acknowledge and consent that your information, including personal Information, may be transferred to — and maintained on — computers located outside of your province, country or other governmental jurisdiction. As data protection laws may differ than those from your jurisdiction you consent and agree to have the data protection law from the jurisdiction where your data is located to be the one that shall be applied.
You, also, express acknowledge, that if you are located outside North America and choose to provide information to us, please note that we may transfer the information, including your personal information, to North America and process it there.
10 - Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of this Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may deactivate the Service.
11 - Indemnification
You agree to indemnify, defend and hold harmless hotversus , its affiliates, principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands, proceedings, costs, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Company, directly or indirectly, related to this Agreement.
These indemnifications include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent and/or illegal means.
12 - Limitation of Liability, Disclaimers, Non-Waiver of Rights, Transfers and Amendments
hotversus , its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Although we use our best efforts regarding the Service, there is no guarantee that personal information and transactions related to the Service or on the internet will be maintained confidential and secure. The use of this Service and the supply of Content is at your own risk and the Company assumes no liability or responsibility pertaining to the Content, your use of the Services or the receipt, storage, transmission or other use of your personal information.
Except as expressly provided in this Agreement, this Service and all content, products, services and software on this Service or made available through this Service are provided “as is” without any representations, warranties, guarantees or conditions, of any kind, whether express or implied, statutory or otherwise, including but not limited to, warranties as to uninterrupted or error free, availability, accuracy, completeness, correctness, reliability, timeliness, legality, suitability, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade.
In no event will the Company, its affiliates, agents, licensors, suppliers, or their respective directors, officers or employees be liable for any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused, including but not limited to: damages for loss of use, lost profits or lost savings, even if the Company or any of its lawful agents or employees have been advised of the possibility of such damages or claim.
In no event will the Company, its affiliates, agents, licensors, suppliers, or their respective directors, officers or employees, be liable for damages or losses resulting from: viruses, data corruption, failed messages, transmission errors or problems; telecommunications service providers; links to third-party web sites; the internet backbone; personal injury; third-party content, products or services; damages or losses caused by you, or your respective employees, agents or subcontractors; loss of use or lack of availability of facilities including computer resources, routers and stored data; the use or inability to use this Service or the content; any other web site accessed to or from this Service; or events beyond the reasonable control of the Company, even if the Company or any of its lawful agents, or employees have been advised of the possibility of such damages or claim.
In no case will the Company’s, its affiliates’, agents’, licensors’, suppliers’, and their respective directors’, officers’ and employees’ cumulative total liability arising under any cause whatsoever (including without limitation breach of contract, tort, negligence, gross negligence, or otherwise) be for more than the amount, if any, paid for by you to utilize this Service in the year in which the claim arose.
The Company assumes no obligation to update any Service on this site. The content on this site may be changed without notice to you. The Company is not responsible for any content or information that you may find undesirable or objectionable. The Company disclaims any liability for unauthorized use or reproduction of any portion of the Service. Accessing the Service from territories where it may be illegal is prohibited.
If you breach any of these Terms and hotversus chooses not to immediately act, or chooses not to act at all, hotversus shall still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. hotversus does not waive any of its rights. hotversus shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
The Company reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on the Service. You are responsible for periodically reviewing the amendments on this Service and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using this Service. Access to this Service or use of this Service after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
13 - Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws of your local province or state and the laws of Canada and/or the United States, as applicable.
You agree and accept that this Agreement is expressly excluded from the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act as amended, replaced or re-enacted from time to time. You, also, agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Company related to the Service or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against Company or its licensors. We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
14 - Severability
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
15 - Enurement
This Agreement shall inure to the benefit of and be binding upon each part of this Agreement and respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement.
16 - Interpretation
The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
17- Entire Agreement
This Agreement may be amended from time to time, and any and all other legal notices and policies on this Service, constitute the entire agreement between you and the Company with respect to the use of this Service.
The following message may be sent or displayed to the Internet user after acceptance of the web site terms:
“The Agreement between You and the Company for accessing the website has been successfully completed. Please print a copy of the terms of the Agreement for Your reference. The Agreement has been assigned the following number: [insert contract identifier]. A copy of the Agreement will be kept on-line at a secure website address and to view it, please [insert instructions] and refer to the Agreement number above.”