Cantook Education - Terms of use
Welcome to the Cantook Éducation digital book lending platform published by De Marque (SIRET number: 49351092900018), headquartered at 400 Boulevard Jean Lesage in Quebec City, Canada. The Cantook Éducation digital lending platform allows you to easily choose, borrow, reserve and read books made available by your school library, according to parameters defined by the publishers and/or your school library.
The Terms of Use (hereinafter the "Terms") of Cantook Education (hereinafter the "Service") constitute a contract between you, personally (hereinafter "You," "User," "Customer") and De Marque and your educational institution (each individually a "Manager" or collectively the "Managers") relating to your use of Cantook. These Terms and Conditions describe the Terms and Conditions of Service use. The Managers hereby grant you a free, non-exclusive, revocable and modifiable license to use the Service under these Terms.
Please read the following terms and conditions and the documents incorporated herein by reference (collectively, the "Terms of Use") carefully before using Cantook Education ("Cantook").
Acceptance of Terms of Use
Using a legitimate method Cantook Éducation uses to authenticate you, such as your Google account, you agree to be bound by and comply with these Terms of Use and our Privacy Policy, incorporated herein by reference. The user declares that he or she is a living, non-professional individual with the full legal capacity to accept these Terms.
When you access or use the Service, you agree to comply:
a. Any usage and other policies established by the Managers and
b. All applicable laws, including laws protecting intellectual property, in particular copyright laws and those governing the reproduction, dissemination and use of works protected under the latter.
If you disagree with these Terms, please do not register or use the Service. Any enhancements or modifications to the Service will automatically be subject to these Terms unless expressly provided otherwise.
Modification of the Conditions
We reserve the right to modify these Terms at any time. In the event of a possible modification of the Terms of Use, customers will be informed and have the freedom to decide whether to accept the new Terms to continue their use of the Site. The Conditions accepted by the user at the time of a transaction will be the only ones applicable to the said transaction.
Your account
To access the Service, you must have a valid account with your educational institution or create an account directly in the Service where this option is available.
Your user account is created for your personal, non-commercial use of the Service. The Managers reserve the right to suspend or terminate your user account and your access to the Service if any information provided during the registration process or after that proves inaccurate, fraudulent, outdated or incomplete. By using the Service, you confirm that you are 13 years or older or, if not, that you have obtained the prior consent of your parent or guardian authorizing you to use the Service.
You are responsible for safeguarding your password and for all activities that occur under your account, whether or not you have authorized such activities. If you become aware of or reasonably suspect any intrusion, including any unauthorized theft, loss or unauthorized disclosure or use of your password, you must immediately notify us by contacting us in the manner provided in these Terms.
Changes to the Service
The Managers may, in their sole discretion, change, delete, modify, restrict, suspend or cancel the Service or any part thereof without notice or liability to you or any other person.
Policies and regulations
When you access or use the Service, you agree to comply:
(a) any use policies and other policies that Managers may establish from time to time in connection with the Service or their respective Web sites; and (b) all applicable laws, including intellectual property protection laws, in particular copyright laws, governing the reproduction, distribution and use of works protected thereunder.
Prohibited behaviour
You may not rent, sell, modify, decompile, disassemble, reverse engineer or transfer the Service in whole or in part. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any part thereof.
You may use the Service only for lawful purposes under these Terms of Use. Without limiting the preceding, you agree not to use the Service in any manner that violates any federal, provincial, local or international law or regulation, to impersonate or mislead others, to interfere with any other party's use of the Service, or to attempt to impersonate any other person or engage in any other conduct that restricts or inhibits any other person's use or enjoyment of the Service.
You may not attempt to undermine any protective features implemented in the Service or on User Content that prevent or restrict use, copying or other access to the Content.
You may not collect or attempt to collect personal data about Users or any third party without their consent.
You may not intentionally cause damage to the Service or any other User by any means, including uploading Content infected with viruses, adware, spyware, worms or other infected code;
If you have authorized a minor to use the Service and its Content, you acknowledge that you are responsible for (i) the minor's online behaviour, (ii) controlling the minor's access to and use of the Service and its Content, and (iii) the consequences of any misuse of the Service and its Content by the minor. You acknowledge that certain sections of the Service and its Content may contain inappropriate Content for minors. We recommend that you exercise reasonable supervision over minors' use of the Service and its Content in your care.
In the event of non-compliance with the above Conditions, the Manager reserves the right to suspend or cancel your Service.
Your privacy
The Managers are committed to protecting your personal information and respecting your privacy. Information on the nature of the information collected during your use of the Service, the reasons for which this information is collected and the use that is made of it is available at the following link
following: "Privacy Policy" [insert link], which you are responsible for consulting and acknowledge having read and understood by your acceptance of these Terms.
The Managers undertake to take reasonable technical measures to protect the physical security of your personal information. However, given the nature of the Internet as a public network, the user acknowledges and accepts that the security of Internet transmissions cannot be guaranteed. Consequently, the Managers cannot guarantee nor assume any responsibility for any breach of confidentiality, hacking, virus, loss or alteration of information transmitted or hosted on its systems.
Respect for intellectual property
De Marque, its licensors or other suppliers hold the necessary rights and authorizations to display and distribute the Content offered on the Service, including Books, texts, images, notices and front covers (the "Content").
This Content is protected by copyright and other intellectual property rights. You are responsible for ensuring that your use of the Contents, and of all the elements they are composed, does not infringe any intellectual property right or any other right.
You are responsible for compliance with all laws protecting copyright and intellectual property. Any downloading and/or printing of pages, either from the Service itself or the books you consult, is at your own risk. You may not modify any page or remove or alter any visible or non-visible identification, marks, notices or disclaimers.
Link to other sites or resources
To provide you with the best possible experience, the Service may contain links to third-party websites or resources not operated by De Marque but have been selected by your educational institution. De Marque has no control over third-party sites or resources and is not responsible for their availability, security, content or resources. De Marque is providing these links to third-party sites or resources to you only as a convenience, and the inclusion of any such link does not imply recommendation or endorsement by De Marque of the third-party site or resource in question or any other material appearing on or available from this site. De Marque is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, information, products, goods or services available on or through any third party sites.
Limitation of warranty
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND CONTENT ARE PROVIDED “AT YOUR OWN RISK, " “AS IS, " “AS AVAILABLE, " “AS AVAILABLE" AND WITHOUT CONDITIONS, REPRESENTATIONS, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS, UNINTERRUPTED OPERATION, FREEDOM FROM ERROR, ACCESSIBILITY, ACCURACY, TIMELINESS, RELIABILITY, PUNCTUALITY, LEGALITY, PRIVACY, COMPLETENESS, SECURITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND NO WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU ASSUME THE ENTIRE COST OF SERVICING, REPAIRING OR CORRECTING YOUR EQUIPMENT, COMPUTER OR MOBILE DEVICE AND SOFTWARE THAT MAY BE REQUIRED AS A RESULT OF VIRUSES, ERRORS OR OTHER PROBLEMS OF ANY KIND THAT YOU MAY EXPERIENCE FOLLOWING YOUR USE OF THE SERVICE.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE BRAND, ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES AND ASSIGNS (COLLECTIVELY, THE "BRAND PARTIES") SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OR INJURY ATTRIBUTABLE TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR CONTENT, WHETHER CONTRACTUAL OR EXTRA-CONTRACTUAL OR BASED ON ANY OTHER TORT, SERVICE OR THE CONTENT, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR UNDER ANY OTHER THEORY OF LAW, ARISING OUT OF OR IN CONNECTION WITH THE USE OR OPERATION OF THE CONTENT, THE SERVICE OR THE INFORMATION PROVIDED THEREIN. THE BRAND PARTIES ASSUME NO LIABILITY, EVEN IF THEY OR ONE OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE MAY INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR PROFIT LOSS, DAMAGES ARISING FROM ANY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.
Some applicable laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Consequently, some of the above limitations or exclusions may not apply to you. In all cases of exclusion, direct and indirect damages are limited to the price paid for the right to use the Service.
The De Marque Parties shall not be held liable for any damage suffered due to access limitations to the Content nor for the rules imposed by a partner bookstore or publisher.
The De Marque Parties, their affiliated companies and their respective directors, employees, agents, licensors or their respective successors and assigns disclaim any liability for the acts, omissions or conduct of any third party user and the Contents and any advertiser or sponsor ("Third Party Users") and shall not be liable for any harm, loss, damage (including, without limitation, special, indirect or consequential damages) or expense arising in any way out of (i) the acts, omissions or conduct of any Third Party User; and ii) the use of, or the inability to use, any software, content, goods or services on or available through any website, Content or other link connected to the Service.
You acknowledge that the De Marque Parties have no obligation to monitor the Content or any content accessible through the Service. However, you acknowledge that the De Marque Parties have the right to monitor the use of the Service, in its sole discretion, and to disclose any information necessary to comply with any law, regulation or governmental request, to operate the Service properly or to protect itself or its users under the "Privacy Policy."
Compensation
You hereby agree to indemnify and hold the Trademark Parties harmless from and against any claims, actions or proceedings of any nature whatsoever and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorneys' fees and costs (including those incurred in enforcing this provision), arising out of your use of the Content Service, your actual or alleged breach of these Terms of Use or your violation of applicable laws or the rights of any other person or entity.
Divisibility
If any provision of these Terms of Use shall be deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The Terms of Use shall be interpreted insofar as possible to give the effect closest to the provision deemed invalid within the limits of legality.
No waiver
De Marque's failure to require the performance of any part of these Terms of Use shall not constitute a waiver of its rights hereunder for any past or future act of any person.
Applicable law and jurisdiction
These Terms of Use and any dispute arising out of or relating to them shall be governed by the laws in force in the Province of Quebec and the laws of Canada applicable therein, without reference to conflict of laws rules. Any action, suit or proceeding arising out of or relating to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) shall be brought exclusively in the Province of Quebec in courts located in the District of Quebec. You agree to submit to the jurisdiction of such courts concerning any such action, suit or proceeding arising out of or relating to these Terms of Use.
Contact us
All questions, comments or requests concerning these Terms of Use should be sent to:
Mailing address: De Marque Inc. 400, boul. Suite 540 Quebec City, Quebec G1K 8W1
Email address: data@demarque.com or info@demarque.com
Phone number: 418-658-9143