Lobe Réseau Inc. ("Lobe") is committed to ensuring the protection of privacy and maintaining the confidentiality of Personal Information (as defined below).
Lobe recognizes the importance of protecting Personal Information and is concerned about how it processes such information. Therefore, it is committed to collecting, using, disclosing, and retaining only the necessary Personal Information for the conduct of its activities and within the scope of its business.
Lobe reserves the right to update the Policy periodically, particularly in response to any legislative changes or recommendations from the Commission d'accès à l'information du Québec ("CAIQ"). In the event of modifications to the Policy, Lobe will publish the amended Policy on the Website.
2. WHAT IS PERSONAL INFORMATION?
In general, Personal Information refers to any information held by Lobe about an individual that makes that person identifiable (the "Personal Information"). Personal Information includes, for example, the name, postal address, email address, age, gender, date of birth, phone number, credit card number, IP address recorded when a person browses the Site, or other types of identifiers depending on the mobile device used, and purchase history.
Without limiting the generality of the foregoing, the Policy pertains to both Personal Information concerning Lobe's staff members and information related to its customers, suppliers, and partners.
3. MANAGEMENT OF PERSONAL INFORMATION
3.1 Collection, Use, and Disclosure
Lobe collects, uses, and discloses Personal Information in the normal course of its business for the following reasons:
3.1.1 From its customers, in order to:
- Provide quality services;
- Identify and ensure the continuous provision of quality services;
- Ensure and facilitate communication with the customer;
- Communicate with other suppliers or organizations, as necessary, for service provision;
- Ensure and facilitate billing and recovery;
- Comply with all other mandatory requirements prescribed by a government authority;
- Perform administrative and management activities, including resource allocation planning, reporting and evaluations;
- For development purposes (including security perspective);
- For any other purposes specified before or at the time of collecting Personal Information;
- Process your request for a product or administer any programs or technological tools;
- Better understand customer product needs, provide relevant information, and offer products and programs that meet customers’ needs;
- Evaluate interest in products and programs, determine eligibility, and, if applicable, provide them;
- Ensure product delivery;
- Track and analyze transactions, including purchases, shopping habits, account operations, and payment history, for marketing studies and communication of potentially relevant offers;
- Conduct surveys and studies for research, statistics, and product development;
- Verify your identity and attempt to prevent errors and fraud;
- Conduct testing as part of system modification or implementation;
- For any other purposes required or permitted by law;
- For purposes compatible with those mentioned above.
3.1.2 From its employees, suppliers and partners, for:
- Recruitment purposes (processing job applications and evaluating a candidate's profile for hiring);
- Ensure and facilitate communication with the employee, supplier or partner;
- Ensure and facilitate compensation, billing and recovery;
- Perform administrative, disciplinary and management activities;
- Marketing and business development purposes;
- Communicate with other suppliers or organizations, as necessary, for service provision;
- Comply with all other mandatory requirements prescribed by a government authority;
- For development purposes (including security perspective);
- Any other purposes specified before or at the time of collecting Personal Information;
- Any other purposes required or permitted by law;
- Purposes compatible with those mentioned above.
We aim to provide exceptional customer service and added value, and to achieve this, we may share certain Personal Information within Lobe. This sharing of information allows us to communicate information about products and programs that may be of interest to current and future customers. This information may be communicated via mail, email, phone, text messaging, automatic dialing, and any other form of telecommunication using the contact details you provided.
3.4 Service Providers and Partners
3.4.1 For purposes required or permitted by law, Lobe may provide Personal Information to its service providers and partners.
3.4.2 Lobe may also share Personal Information with certain third parties, including the following:
- Third-party service providers;
- Government authorities and law enforcement agencies as required by applicable laws.
3.4.3 In this regard, Lobe commits to limiting the Personal Information provided to third parties to only the information reasonably necessary for them to perform their functions.
3.4.4 Personal Information may be communicated outside of the province of Quebec.
3.4.5 Before communicating Personal Information outside of the province of Quebec in compliance with Lobe's policies, Lobe ensures that the Personal Information will receive adequate protection by evaluating privacy-related factors, considering the following:
- The sensitivity of the information;
- The purpose of its use;
- The protective measures, including contractual measures, that the information would benefit from;
- The legal framework applicable in the country to which this information would be communicated, including the principles of personal information protection applicable there.
3.4.6 The agreements Lobe enters into with its service providers require them to maintain the confidentiality of Personal Information and include obligations for the third parties to comply with Lobe's legal framework regarding personal information protection and privacy.
3.4.7 Consent will be obtained from individuals concerned by Personal Information if Lobe needs to communicate Personal Information to third parties that is not related to its current operations and activities or is incompatible with the purposes for which it was collected.
3.4.8 The concerned individual may withdraw their consent to the communication or use of Personal Information collected by Lobe at any time.
3.5 Commercial Transactions
In the event that Lobe, one of its group members, its brands, or a part or the whole, or almost the whole of its assets is acquired by any potential assignee, your Personal Information could be part of the transferred assets. By providing us with your Personal Information, you agree that we may communicate it, while preserving its confidentiality, to any potential assignee and its advisors for the purposes of their due diligence processes, carrying out such transactions, and maintaining the acquired business operations.
When you sign up for our newsletter or promotional communications, we may collect Personal Information, such as your name and email address.
Please be aware that you can choose at any time to stop receiving our newsletters or promotional communications by clicking the "Unsubscribe" button at the bottom of our emails or communications. Your request will be processed promptly, but your name may not be removed in time from certain lists used for ongoing promotional activities.
Through this Policy, Lobe ensures that individuals concerned by Personal Information understand the purposes for which their Personal Information is collected.
By accessing the Site and/or making online purchases and/or dealing with Lobe, you accept the terms of the Policy, including the collection of Personal Information about you.
3.8 Correction or Access to Personal Information
3.8.1 Lobe strives to ensure the accuracy of Personal Information and to keep it up to date.
3.8.2 In the event of changes to the Personal Information of its employees, customers, suppliers and partners, Lobe expects to be notified without delay.
3.8.3 Upon request from the concerned individual, Lobe confirms, if applicable, the existence of a record about them.
3.8.4 The concerned individual, or their representative if applicable, can make a request for access or correction to Lobe. Lobe will only consider such a request if it is made in writing by a person justifying their capacity and identity.
3.8.5 Lobe ensures to respond in writing to the access or correction request, no later than 30 days from the date of receipt of the request.
3.8.6 If applicable, the concerned individual who wishes to obtain a transcription, reproduction, or transmission of the Personal Information contained in their record will be informed in advance of the related fees.
3.9 Retention and Destruction
3.9.1 Lobe only retains Personal Information for the duration necessary for the purposes outlined in the Policy and/or to comply with its legal and regulatory obligations.
3.9.2 In this regard, Lobe establishes a Personal Information retention schedule in compliance with its obligations.
3.9.3 Upon the expiration of the retention period for Personal Information, Lobe ensures its physical and technological destruction or anonymization, following best practices in the field.
4. PROTECTION OF PERSONAL INFORMATION
4.1 Security Measures
4.1.1 Personal Information held by Lobe is kept in secure locations, following generally recognized practices.
4.1.2 Lobe's staff members are also aware of the importance of ensuring the security and confidentiality of all Personal Information it holds and follow procedures that safeguard the confidentiality of Personal Information and promote best practices in this regard.
4.1.3 Lobe ensures the protection of personal information from its collection and implements security measures aimed at protecting them from unauthorized use contrary to current legislation, preventing accidental loss, alteration, disclosure, or unauthorized access, misuse or any form of illegal use.
4.2 High Technological Standards
Lobe takes reasonable steps to meet industry standards to protect Personal Information and accordingly uses security measures that correspond to their sensitivity level.
Furthermore, Lobe implements and maintains technological, physical, and contractual security measures designed to protect Personal Information from loss or theft, as well as unauthorized access, disclosure, copying, use, or modification, employing protection suitable to the sensitivity of the same Personal Information.
Lobe understands the importance of protecting Personal Information and employs internet security protocols to protect information collected via the internet. However, as the internet is not a secure means of communication, Lobe makes no representation or warranty regarding the absolute security of Personal Information provided to it via the internet.
4.3 Experts and Specialist Consultants
To ensure the protection of your Personal Information, we engage experts and specialist consultants in this field. We follow their recommendations and will modify the Policy and our practices as needed to comply with the law.
Below are some recommendations to ensure the security of your online purchases:
- If using a public computer, always log out when finished;
- Do not disclose your passwords. Remember that anyone who knows your password can access your account;
- When creating a password, avoid using words from a dictionary, your name, email address, or other easily obtainable personal information. We also recommend changing your password regularly;
- Use a different password for each of your online accounts; and
- Beware of unsolicited emails and phone calls.
4.5 Privacy Impact Assessment
4.5.1 In the event of acquiring, developing or overhauling a project or an initiative involving Personal Information or having an impact on individuals' privacy, Lobe will carry out a privacy impact assessment (hereafter referred to as the "PIA") in accordance with the requirements of the law.
4.5.2 As examples, the following projects require Lobe to conduct a PIA:
- Developing a new information system or a personalization technique for a product or service;
- Acquiring or merging organizations;
- Using fingerprints, geolocation, facial recognition system, connected objects, etc.
4.5.3 The PIA aims to better protect Personal Information and respect the privacy of individuals.
4.5.4 When required, Lobe ensures to conduct the PIA according to internally developed documents and Lobe processes.
5. ROLES AND RESPONSIBILITIES OF LOBE STAFF
5.1 Internal Training
Lobe provides internal training to ensure that all its employees are informed about the Policy, apply it, and comply with legal obligations regarding the protection of Personal Information.
5.2 External Training
Lobe engages various external consultants to guide it in implementing best practices in terms of protecting Personal Information, including providing training to its employees and monitoring to prevent cyberattacks.
5.3 Access Management by Senior Management
Lobe's employees will only have access to your Personal Information if it is required in the context of their job performance. A strict access mechanism is established by Lobe on this basis.
6. CONFIDENTIALITY INCIDENTS
6.1 Role of the Privacy Officer
The person in charge of the protection of personal information (“Privacy Officer”) ensures compliance with and implementation of the Act within Lobe.
6.2 Register of Confidentiality Incidents
If Lobe has reason to believe that a confidentiality incident involving Personal Information it holds has occurred, it will take reasonable measures to mitigate the risks of injury and prevent further incidents of the same nature.
If the incident poses a risk of serious injury, it will promptly notify the CAIQ. It will also inform any individual whose Personal Information is affected by the incident.
A "confidentiality incident" is understood as:
- access not authorized by law to Personal Information;
- use not authorized by law of Personal Information;
- communication not authorized by law of Personal Information; or
- loss of Personal Information or any other breach of the protection of such information.
When assessing the risk of injury to an individual whose Personal Information is affected by a confidentiality incident, Lobe will consider factors such as the sensitivity of the information, the anticipated consequences of its use, and the likelihood of it being used for injury purposes. The Privacy Officer will be consulted.
Lobe maintains a register of confidentiality incidents in accordance with the requirements of the Law.
7. PRIVACY OFFICER
You can contact us at any time using the contact information provided below if you have a complaint regarding how we handle your Personal Information.
Lobe has appointed a Privacy Officer responsible for addressing any questions, concerns or complaints related to compliance with the Policy.
Here are the contact details for Lobe's Privacy Officer:
Corporate Affairs Department
725 Lebourgneuf Blvd, Suite 303
Quebec City, Quebec G2J 0C4
Phone: 418-877-7222, Extension 5250
Email: [email protected]
*For clinics within the Lobe network, please refer to your professional.
For questions or comments about the Site, please contact us via email at: [email protected] or at 725 Lebourgneuf Blvd, Suite 303, Quebec City, Quebec G2J 0C4.
8. SPECIFIC TERMS OF THE STORE
For the purposes of these specific terms of the Store ("Store Terms"), "we" and "Lobe" refer to Lobe Réseau inc., which is the seller of any item offered for sale through the Store ("Product(s)"). The terms and conditions contained in the Policy constitute an agreement for the use of the Store between you and Lobe, of which Lobe is the owner. By using the Store, you agree that you have read and understood the Policy and that you accept to be bound by the Policy. For the purposes of the Policy, the term "user" refers to any user of the Store. If you decline or disagree with any provision of the Store Terms, please refrain from using the Store. Lobe reserves the right to modify the Store Terms at any time, without notice. Users are encouraged to regularly review the most recent version of the Store Terms. The current version of the Store Terms comes into effect upon being posted by Lobe. If the user accesses the Store after this date, it will signify their acceptance of the modified or revised Policy and Store Terms. If the user finds the new Store Terms unacceptable, their sole recourse is to cease all access to and use of the Store.
8.1 Access to the Store
8.1.1 Username and Password
The Store can only be used by individuals who reside in Canada and wish to order Products for delivery within Canada.
You can only access your Store account using your username and password. You are fully responsible for any use or misuse of your username and password and for all transactions carried out using them. For security reasons, you must keep your username and password confidential and not disclose them to anyone or allow anyone else to use them, except an authorized representative of Lobe. Lobe recommends choosing a strong password that only you know and is difficult to guess. You should change your password regularly and always log out at the end of your session.
All usernames and passwords remain the property of Lobe, which may cancel or suspend access to a username or password at any time and at its sole discretion and without prior notice. Lobe is not obligated to verify the identity of the person using a username or password or whether they are authorized to do so. Lobe reserves the right to access all user accounts for any reason, including but not limited to responding to technical support requests.
8.1.2 Unauthorized Use
You must immediately notify Lobe of any unauthorized use of your username or password or if you know or suspect that your username or password has been lost, stolen, known by someone else, or compromised in any other way.
8.1.3 Interruption and Access Restriction
At its sole discretion, in addition to any other rights and remedies available to it, and without incurring any liability in any manner whatsoever, Lobe may, at any time and without prior notice, interrupt or restrict your access to the Store.
8.2 Sales Conditions
Lobe strives to be as accurate as possible on the Store with regards to the description of the Products. However, Lobe does not guarantee that the descriptions of the Products or any other content on the Store are accurate, complete, reliable, up-to-date, and/or error-free. If an offered Product is not as described, Lobe's liability is limited to refunding the value of the Product if it is returned to Lobe in its original condition and packaging, subject to compliance with the Store Terms. For further information regarding returns, please refer to the Product Return Policy (section 8.2.11).
All dimensions provided for the Products are approximate. Some items may require assembly.
Lobe has made reasonable efforts to ensure that the descriptive images of the Products sold through the Store accurately reflect the textures, colors, and design of the Products. However, since each user uses a different device to view the Store, Lobe cannot guarantee that the user's overall perception of a Product will not be affected or altered, particularly due to the varying quality of images and colors across different devices.
The user is solely responsible for verifying in advance that the Product sold by Lobe in the Store is authorized and compliant with the applicable laws in the territory for which the user intends to use it. The user is also solely responsible for using the Product in accordance with the applicable laws in the territory for which they intend to use it.
8.2.2 Price Policy
While Lobe makes commercially reasonable efforts to avoid errors in the Store, typographical, illustrative, description, or pricing errors may occur. If so, we reserve the right to make any required corrections and to cancel, terminate, or not process an order (including an accepted order) if the price or any other important information in the Store is incorrect or if Lobe observes abuse of its policies.
The general information provided in the Store is for informational purposes only. The description and price of any Product sold by Lobe through the Store may be changed by Lobe at any time, without prior notice and at its sole discretion.
All prices displayed are payable in Canadian dollars and are subject to applicable taxes (including but not limited to GST, QST, PST, or HST).
8.2.4 Gift Cards
For gift card purchases, unless otherwise indicated, prices quoted do not include shipping fees.
8.2.5 Lobe's Discretion
Lobe reserves the right, at its discretion, to limit quantities, refuse, correct, or cancel orders, and to close accounts, including if it believes that a user's conduct violates applicable laws, does not comply with the terms set out in the Policy, or is detrimental to the interests of Lobe or third parties.
Lobe reserves the right, at its sole discretion, to refuse to ship an order if it is unable to confirm the billing address associated with the payment method used. It also reserves the right, at its sole discretion, to refuse to ship an order to an address different from the one associated with the payment method used.
Lobe reserves the right, at its sole discretion, to discontinue offering a Product.
Lobe reserves the right, at its sole discretion, to limit the sales of its Products to any person and/or in any geographical region.
Lobe reserves the right, at its sole discretion, to refuse any order that appears to come from a merchant, reseller or distributor.
8.2.6 Payment for Your Order
You can pay for your orders placed through the Store using a recognized credit card issued in Canada with a billing address in Canada. Currently, we accept Visa®, MasterCard®, and Amex®.
Credit cards are charged upon online order confirmation on the Store, including all applicable taxes and shipping/handling fees.
The user agrees to comply with the terms, conditions, and payment terms related to the use of the online payment platform provided by the supplier used by Lobe.
8.2.7 Order Validation
After you have placed an order through the Store, Lobe will verify the validity of the information you provided by checking your account, payment method, billing address, and shipping address in Canada. Lobe will also verify the quantity and current inventory status of the requested Product.
8.2.8 Order Acceptance/Confirmation
You will receive an email confirmation of the order placed through the Store.
Your receipt of an order confirmation or an electronic copy of the Store Terms or in any other form does not signify the acceptance of your order by Lobe. At any time after receiving your order, Lobe reserves the right to accept or decline your order for any reason. If Lobe declines your order, Lobe will refund the amount charged to the original payment method.
8.2.9 Out of Stock
All orders placed through the Store are subject to Product availability and will be shipped under Lobe's Delivery Policy (section 8.2.10).
In the event that a Product is out of stock, Lobe will contact you and inform you of the stock shortage. At your option, Lobe may ship the Product to you as soon as it becomes available again, or Lobe will refund the amount charged to the original payment method.
8.2.10 Lobe's Delivery Policy
No orders will be delivered outside of Canada.
Deliveries will be made by Canada Post.
No order will be shipped until all Products contained in the order are ready and available for shipment.
Shipping fees are added to any order with a total value of less than $25 (excluding applicable sales taxes). There will be no shipping fees for any order with a value of $25 or more (excluding applicable sales taxes). Any applicable fees for your order will be clearly indicated, if applicable, before you proceed with the finalization of your Product purchase through the Store.
Additional shipping fees may apply to orders shipped to remote areas, outside major urban centers. Before proceeding with such a shipment, we will contact you to obtain your consent to these additional shipping fees. If you refuse, Lobe will refund the amount charged to the original payment method.
For all questions about your order (including cancellation requests), you must contact Lobe using one of the following methods:
- Via the contact form on the online store.
- By email to [email protected].
- By calling customer service at 1-866-411-5623.
- By mail to 725 Lebourgneuf Boulevard, Suite 303, Quebec, Quebec, G2J 0C4.
8.2.11 Product Return Policy
Products are non-exchangeable.
Maintenance products, maintenance tools, accessories, and hearing aid batteries are non-refundable.
Subject to the other provisions of the Store Terms, Lobe undertakes to refund you for any Product that you return in its original condition and packaging within ten (10) days following your receipt of the Product, with the exception of a Product mentioned in the preceding paragraph or any other Product marked as "NON-REFUNDABLE."
Unless otherwise advised by Lobe, the costs associated with returning Products are the sole responsibility of the user.
8.2.12 Return Steps:
1. Write to us using the contact form provided in the Contact Us section, selecting "Questions about a product return" as the subject.
2. Our agents will determine with you the most appropriate return method based on your situation, either by postal return or by returning the merchandise directly to a service point.
3. Before closing the package, ensure that you have included all the items you wish to return.
The refund will be automatically processed to your original payment method within a period of thirty (30) business days following the receipt of your merchandise at our warehouse.
8.3 Product Warranty Policies
To view the terms of the warranties applicable to the Products, we invite you to consult the description of each Product.
Lobe undertakes to replace any defective or inadequate item acquired through the Store during the period indicated in the product description with a refurbished item of equivalent quality and value to the defective or inadequate item, subject to the conditions established in the Store Terms and the conditions and restrictions of the respective manufacturers.
Except as provided above, Lobe offers no particular warranty to the user for the Products. Lobe makes no express or implied representations about the expected results that may arise from the use of any of the Products offered by the Store.
You acknowledge that the results of using a Product may vary depending on circumstances or may not be achieved. You should consult the manufacturer's user manuals before using a Product purchased through the Store. Manufacturer's manuals contain information related to their products and their use, for which they are responsible, and which you must follow at all times.
9. GENERAL TERMS OF THE WEBSITE
9.1 General Conditions
The terms and conditions set forth herein (the "General Conditions") constitute an agreement between you and Lobe of the Website. By using the Website, you acknowledge that you have read and understood these provisions and agree to be bound by the Policy. For the purposes hereof, the term "user" refers to any user of the Website. If you decline or disagree with any provision herein, please refrain from using the Website. Lobe reserves the right to modify the General Conditions at any time without notice. Users are encouraged to regularly review the most recent version of the General Conditions posted online. The updated General Conditions shall take effect upon being published online by Lobe. If a user visits the Site after this date, it shall signify their acceptance of the modified or revised General Conditions. If the user finds the new General Conditions unacceptable, their sole recourse is to cease all access and use of the Site.
9.2 Intellectual Property
All rights, titles, and interests in the Site, including but not limited to intellectual property rights related to logos, text, graphics, audio and video content, as well as the selection and arrangement of these elements, are the exclusive property of Lobe and are protected under the applicable laws of Canada related to intellectual property, including but not limited to the Copyright Act (Canada), or are owned by the true owners who have granted a license in favor of Lobe, or are owned by the accredited third party content providers. Lobe, Lobe.ca, and other nominative or figurative trademarks related to Lobe displayed on the Site (collectively, the "trademarks") are registered or unregistered trademarks that are the exclusive property of Lobe. Other trademarks (nominative or figurative, as the case may be) displayed on the Site are the trademarks of their respective owners and are used under license. No element of the Site should be interpreted as implicitly or otherwise granting a license or right to use any trademark, unless prior express written authorization is obtained from Lobe or any third-party owner of a trademark used under license by Lobe.
9.3 Interruption and Access Restriction
At its sole discretion, in addition to all other rights and remedies available to it, and without incurring any liability in any manner whatsoever, Lobe may, at any time and without notice, interrupt or restrict your access to the Site.
Except for personal and non-commercial use for the purpose of consulting or using the Site, the Site may not be copied, modified, reproduced, reissued, uploaded, displayed, transmitted, or broadcasted in whole or in part without the prior written authorization of Lobe.
The general information provided on the Site is for informational purposes only and does not constitute advice, services, diagnoses, treatments, or care from anyone, including but not limited to audiologists, audioprosthetist (hearing aid specialist) specialists, speech therapists, doctors, or any other professionals, nor are they intended to replace them.
Although Lobe strives to provide accurate, precise, up-to-date, and timely information, no representation or warranty is given, and no commitment, express or implied, is made to the user regarding: i) the content of the Site, or websites accessible through it, or any item available on or through the Site, being reliable and suitable for any particular purpose; ii) the Site or its content being accurate, complete, up-to-date, reliable, timely, or suitable for any particular purpose; iii) uninterrupted or error-free browsing of the Site; iv) defects or errors in the Site or its content, whether attributable to human or computer error, being corrected; v) the Site being free from viruses or harmful elements; and vi) communications to or from the Site being inaccessible to third parties and/or not intercepted.
9.5 Questions, Comments, Suggestions, and Other Information
The user agrees that any questions, comments, suggestions, or other information provided to Lobe in the form of emails or postings on the Site are not confidential and assumes full responsibility for them. Furthermore, the user hereby grants to Lobe (or warrants that the owner of the elements provided to Lobe grants) perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, and licensable rights and licenses to use, copy, reproduce, modify, adapt, publish, translate, distribute, perform and display, and otherwise exploit the provided elements or to create derivative works from them or any idea, concept, technique, or know-how related to the provided elements for any reason, whether commercial or otherwise, using any form, media, or technology currently known or developed in the future, without Lobe being required to pay compensation or any royalties to anyone, including the user, without any liability or obligation of confidentiality or any other obligation on the part of Lobe. Hereby, the user irrevocably waives all moral rights (including the rights of paternity, attribution, and integrity) in relation to these elements in favor of Lobe. While Lobe's staff strives to promptly read and respond to electronic communications, no guarantee is given regarding any response time.
By using the Site, the user agrees to refrain from: uploading, distributing, or otherwise publishing from the Site any message, information, text, or other document that may be damaging in any way, including but not limited to any virus, Trojan horse, computer worm, logic bomb, message canceling robot, spyware, malware, malicious software, program, or malicious script or any other harmful element that could damage, surreptitiously intercept, or appropriate a system, program, data, or personal information, providing unauthorized access to it, or harming the Site.
Any software, including any file, code, image embedded in the software or generated by the software, and any data accompanying the software (collectively, the "Software") that may be available on the Site is licensed to Lobe on a non-exclusive and limited basis. Lobe retains ownership of the Software and all intellectual property rights related to it. The user is not authorized to copy, make public, share, distribute, sell, modify, decompile, or disassemble the Software, create derivative works from the Software, or reverse engineer it.
The Site contains links to websites whose owner or operator is a person who is not associated or affiliated with Lobe or third parties. These links are provided to you solely as a service; the inclusion of links does not mean that Lobe or third parties have endorsed, reviewed, or verified the websites that are hyperlinked to the Site, the information they contain, or their practices regarding security or privacy. Lobe and third parties are not responsible for the content of websites hyperlinked to the Site and make no representations or warranties regarding other websites or their content. If you decide to access other websites, you do so at your own risk.
10. DISCLAIMER AND INDEMNITY
Except as expressly stated in the Store Terms, Lobe and third parties make no representation and give no warranty of any kind, explicit or implied, about the Site or the content or products contained therein, which are provided "as is" and "as available." Lobe and third parties do not guarantee the accuracy, completeness, timeliness, reliability, or relevance of the operation of the Site or the content or data contained therein, and expressly disclaim all warranties and conditions with respect to the Site, its content, or its data or products, including the implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, and those arising from law or customary practices or business usages.
Neither Lobe nor third parties are responsible for messages or mail that are delayed, lost, incomplete, unreadable, misdirected, or stolen, the inaccessibility of network connections, aborted, incomplete, scrambled, or delayed computer transmissions, online failures, defects, or disruptions of hardware, software, or other technical aspects or other communication failures or circumstances influencing, disrupting, or altering communications.
The user acknowledges and agrees that their access to the Site and its content and its use is entirely at their own risk. Lobe and third parties are in no way responsible for any damage that may be incurred by your computer equipment or other property or any viruses that may attack it due to the fact that you have accessed the Site, used it, browsed it, or downloaded documents, data, text, images, or video or audio content from the said site. Lobe and third parties shall not be liable in any case for damages, losses, claims, special, exemplary, direct or indirect damages of any kind (including loss of profits or savings), contractual, tortious, strict liability, or otherwise, arising from the use of the Site or the content contained therein, the operation of the Site, or a failure or delay in the operation of the Site (including the inability to use Site components to make purchases), even if they have been advised of the possibility of damages.
The user agrees to indemnify, defend, and hold Lobe and third parties, their directors, officers, employees, mandataries, consultants, representatives, licensees, and their respective successors and assigns harmless from any claim, demand, cause of action, or any costs of any kind, including, but not limited to, attorneys' fees or other professionals' fees, court costs, and disbursements arising directly or indirectly from a user's failure to comply with any provision of the Policy, access to the Site by the user, its use, reliance by a user on any information contained in the Site, a user's inability to access the Site or its content, including any website linked to it or accessible through the Site.
11.1 Legal Equivalence
This electronic document and any other electronic document, policy, or standard incorporated herein are: a) deemed to be a "writing" or "written" in accordance with the legal, contractual, and other legal requirements applicable to a writing; b) legally binding on the parties as a document signed by them; and c) deemed to be an "original" when printed from electronic records established and maintained in the normal course of business. Documents submitted as evidence in legal proceedings, arbitration, mediation, and the administration of a proceeding will, to the extent they are established and maintained in the normal course of business, be admissible as business records in written form similarly established and maintained.
11.2 Applicable Laws
The Policy is exclusively governed by the laws of the province of Quebec, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the judicial district of Quebec, in the province of Quebec, Canada, in the event of a dispute arising from the Policy.
The failure or non-application by Lobe of a right or provision herein shall not constitute a waiver of such right or provision.
The terms of the Policy are severable. If any provision is found to be unenforceable or invalid, that provision shall nevertheless be enforced to the fullest extent permitted by applicable law, and such determination shall have no effect on the validity or enforceability of the other terms.
The titles used in the Policy are for ease of reading only and shall neither limit nor otherwise affect the terms of the Policy.
11.6 Language and Interpretation
In the event of any discrepancy between the English and French versions of the Policy, the French version shall prevail.
The term "Lobe" also means Groupe Lobe inc. and its subsidiaries.