Terms of Use

Understand the terms of use that apply when you use the our website.

  1. About this website and associated systems
    1. This is a website operated by Moncel under the domain “http://www.moncel.com” (hereinafter referred to as the “website”) identified by the page local to the website set up to provide access to the website (hereinafter referred to as the “home page”) addressed at http://www.moncel.com/
  2. About these terms of use
    1. These terms of use (hereinafter the “terms of use”) and the associated Privacy Statement govern your access to and use of the website. You should read these terms of use carefully before using this website. Your access/use implies agreement.
    2. The website is available for your use only on condition that you agree to these terms of use. By accessing/using the website, you are signifying your agreement to be bound by these terms. Certain other actions imply agreement to additional terms.
    3. In addition to the terms of use, there may also be specific terms (“additional terms”) which govern your use of, and access to, particular sections of the website. Since you are also bound by these additional terms, you should review them wherever they are offered to you.
    4. Certain actions, payment or agreement on your part may mean that such services are additional to the normal terms and are subject to a separate agreement. When this happens you shall be offered additional terms through a hyperlink associated with these additional services. Since you are also bound by these additional terms, you should review them wherever they are offered to you.
  3. Limited licence
    1. Moncel grants you a limited, personal, non-transferable, non-sub-licensable, revocable licence to:
      1. access and use the website, content and services only; and
      2. access and use the website, content and services in the manner presented by Moncel only.
    2. None of the content and/or information may be reverse-engineered, modified, reproduced, republished, translated into any other language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Moncel. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the content in any way unless expressly permitted to do so by Moncel.
  4. Modifications to the terms
    1. Moncel may revise and update these terms of use at any time. Your continued usage of the website  after any changes to these terms of use will mean you accept those changes.
  5. Modification to the information
    1. While Moncel has made every effort to ensure that information on the website  is free from error, Moncel does not warrant the accuracy, adequacy or completeness of the material on these systems. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Moncel. Moncel recommends that you seek independent advice before acting upon material on this website.
  6. Errors and problems
    1. While Moncel has made every effort to ensure that systems and information available on the website is and shall be free from error, Moncel does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
  7. Licence and ownership
    1. Any and all intellectual property rights (hereinafter called ”intellectual property”) associated with the website and its material and contents are the sole property of Moncel. The copyright for the content on this website is owned or licensed by Moncel and is protected by copyright and other laws in both Canada and other countries.
    2. Except where necessary for viewing the material on this website on your browser, or as permitted under copyright legislation or other applicable laws or these terms of use, no material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Moncel.
    3. Upon registering an account with Moncel you agree to grant us permission to make reference to any customer testimonials, feedback, business and/or trading names, logos and trademarks for promotional, sales and marketing purposes.
    4. The wheat symbol, and all custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of Moncel.
  8. Outbound links
    1. The website may contain links to third-party websites and resources (hereinafter referred to as “linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by Moncel of the content on such linked sites. Moncel makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any linked site.
    2. Moncel is not responsible for the availability of the linked site or the content or activities of such sites. If you decide to access linked sites, you do so at your own risk. If you do decide to make use of the link you should remember that your use of the linked site is likely to be subject to terms and conditions of use similar to these, including but not limited to, the linked site’s privacy policy. Moncel recommends that you review such terms before using the linked site.
    3. To the fullest extent possible at law, Moncel makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of third party material or products or services available through linked sites; or that third party material available from a linked site does not infringe the intellectual property rights of any person. Without impacting its ability to exclude itself from such responsibilities and warranties Moncel may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from Moncel website.
  9. Inbound links
    1. Moncel generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Moncel. However, linking to any other page of the website is strictly prohibited, in the absence of a separate agreement between you and Moncel that clearly describes the rights and responsibilities of linking to other pages.
      Any website or other devices that link to the home page or any page available therein is prohibited from:
      1. replicating content; and/or
      2. using a browser or border environment around the content; and/or
      3. implying in any fashion that Moncel is endorsing it or its products; and/or
      4. misrepresenting any state of facts, including its relationship with Moncel; and/or
      5. presenting false information about Moncel products or services; and/or
      6. using Moncel logo(s) or trademark(s) without express written permission from Moncel.
  10. Submissions
    1. While not refusing to accept ideas from you regarding information available on the website (hereinafter called “comments”) Moncel does not encourage you to make such comments. If you do send such comments, you acknowledge that:
      1. They will not be considered confidential or proprietary, and
      2. Moncel is under no obligation to keep such information confidential, and
      3. Moncel will have an unrestricted, irrevocable, worldwide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
  11. Disclaimer of warranties
    1. To the fullest extent permitted by law Moncel makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.
  12. Limitation of liability
    1. To the fullest extent permitted by law and to the extent that Moncel is otherwise found responsible for any damages, Moncel is responsible for actual damages only. In no event shall Moncel be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.
  13. Jurisdiction
    1. Unless expressly agreed otherwise:
      1. the Canadian section is provided for use only by Canadian residents. The law applicable to use of the Canadian section and to disputes arising out of the Canadian section is the law of British Columbia; and
      2. the International Section is provided for use by residents of any country in the world, but to the fullest extent permitted by law the law applicable to use of the International Section and to disputes arising out of the International Section is the law of British Columbia, Canada.
  14. Customer service
    1. Questions or comments regarding the website may be submitted in writing through our ‘Contact Us’ page.
  15. Consent to Electronic Communications
    1. By using the website, you consent to receive all communications electronically. The website may provide communications related to the website, or any products and services the website may offer by electronic communication, including by email, SMS or by making such communications available within the website.