TERMS OF USE
QOTMII

Last updated: March 1, 2021

PLEASE READ THESE TERMS BEFORE USING THE SITE

These terms govern and apply to your use of the site maintained by QotMii (the “site”).
By accessing or browsing the site, you declare that you have read and understood the terms of use and declare that you are bound by these conditions. Please note that we may change the terms of use at any time and without notice. Your continued use of the site will be deemed acceptance of any amended terms.

1. INTELLECTUAL PROPERTY

All intellectual property on the site is owned by us or our licensors and includes any copyrighted, trademark or patent protected material. All registered trademarks are owned, registered and/or licensed by us. All content on the site including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features and any other content, is a collective work under Canadian law or any other copyright law and is the property of QotMii. The elements on this site may not be copied, reproduced, republished, downloaded, displayed, transmitted, distributed or modified, in whole or in part, whether in text, graphic, audio, video or executable form, without our written permission.
All rights reserved.

2. USING COMPANY CONTENT

We may provide you with certain information as a result of your use of the site, including, but not limited to, documents, data or information developed by us, or any other element that may assist you in the use of the site or services (the “Company Content”). Company Content may not be used for any purpose other than the use of the site and the services offered on the site. Nothing herein can be construed as granting you a licence or intellectual property rights.

3. ACCEPTABLE USE OF THE SITE

You agree not to use the site for any unlawful purpose or for any other purpose prohibited by this clause. You agree not to use the site in any way that could harm QotMii’s site, services or commercial activity.

You also agree not to use the site for the following purposes:

  1. Harassing, abusing or threatening others or otherwise violating the rights of any person;
  2. Violating the intellectual property of QotMii or any other third party;
  3. Downloading or transmitting computer viruses or any other software that could damage the property of QotMii or others;
  4. Committing fraud;
  5. Creating or participating in any illegal gambling, lottery or pyramid schemes;
  6. Publishing or distributing obscene or defamatory material;
  7. Publishing or distributing any material that incites violence, hatred or discrimination against any group;
  8. Illegally collecting information about others.

4. PRIVACY PROTECTION

By using our site, you may provide us with some information. By using the site, you allow us to use your information in Canada and in any country in which we may operate.
When you sign up to receive information about product launches from QotMii, you will provide us with a valid email address and you may also provide us with additional information, such as your name. Depending on how you use our site, we may also receive information from external applications that you use to access our site, or we may receive information about you through various web technologies such as cookies, historical data, invisible pixels (also called “invisible GIFs”), tags and others.

We use the information collected from you to ensure that your browsing experience is as smooth as possible. We can also trace some of the passive information received to improve our marketing and analytics, and to do so, we may work with third-party vendors.

QOTMII cannot view your computer’s profile or extract information from your hard drive.

7. REVERSE ENGINEERING AND SECURITY

The following actions are strictly forbidden:

  1. Using reverse engineering or disassembling any code or software from or on the site;
  2. Violating or attempting to violate the security of the site by any unauthorized access, bypassing encryption or any other security tool, exploiting data, or interfering with any host, user or network.

8. DATA LOSS

We are not responsible for the security of your user account or the content of your account. Using the site is at your own risk.

9. COMPENSATION

You agree to defend, compensate and hold harmless QotMii and its affiliated companies against any claim, suit or demand, including legal fees, that may arise out of or relate to your use or misuse of the site, your violation of this agreement or your conduct and actions. If we choose to do so, we will choose our lawyer and participate in our own defence.

10. SPAM POLICY

You are strictly prohibited from using the site or any service offered on the site for the purpose of illegal spam related activities, including collecting addresses and personal information of others and sending mass commercial emails.

11. LINKS AND THIRD-PARTY CONTENT

We may post links to third-party sites or services. We are not responsible for any damage or loss related to the use of third-party services linked from our website.

12. INDEPENDENCE OF CLAUSES

If one of these clauses is found to be unlawful, void or unenforceable, in whole or in part, the unenforceable portion will not affect the validity and enforceability of the other terms of use.

13. SERVICE INTERRUPTIONS

We may have to interrupt your access to the site to perform unplanned maintenance or emergency work. You agree that your access to the site may be affected by unplanned or unforeseen downtime for any reason and that we will not be liable for any damages or losses arising from such unavailability.

14. TERMINATION

We may suspend, limit or terminate your user account and your use of the site at our sole discretion, at any time, without notice and for any reason, including the operation or effectiveness of the site or any equipment or network owned by us or a third party that is disrupted by your use or misuse of the site, or if you have been or are currently in violation of the terms herein. We will not be liable to third parties, including a third-party provider, for any suspension, limitation or termination of your access to the site.

15. NO GUARANTEE

Although we have made reasonable efforts to ensure that the site content is accurate, we cannot guarantee that the content is free of errors, current or complete. We cannot, under any circumstances, be held responsible for any damage that may arise from an error on the site.
We assume no responsibility for any damage resulting from the misuse of the site content. Furthermore, we cannot guarantee that the site will be available without interruption, error or omission, or that defects will be corrected. It is also not possible to guarantee that the site and the servers that make it available are free of viruses or harmful components. The site and its content are provided “as is” and “subject to availability” without declaration, warranty or condition of any kind, express or implied.

If you decide to subscribe to site services or features that require a subscription, you agree to provide accurate and up-to-date information about yourself as required by the registration or subscription process, and keep this information accurate by making the necessary updates as soon as possible. You agree to ensure the confidentiality of all passwords and other account identifiers that you have chosen or that you will be assigned at the time of registration or subscription to QotMii or its partners, and you agree to assume responsibility for all activities related to the use of these passwords or accounts. In addition, you agree to notify us of any unauthorized use of your password or member account. We cannot be held liable, directly or indirectly, for any loss or damage of any nature whatsoever resulting from the failure to comply with this provision or related to such default.
You acknowledge that we may, at our sole and absolute discretion, suspend, cancel or terminate your account, use or access to the site or any of its services, and remove and delete any information or content relating to the site or any of the services offered (and terminate your use thereof), for any reason whatsoever, including if we believe that you have violated these terms. In addition, you acknowledge that we will not be liable to you or anyone as a result of such suspension, cancellation or termination. If you are dissatisfied with QotMii or any of its services, or with any of these conditions, rules, policies, guidelines or practices relating to the operation of QotMii or any of its services, your only recourse is to stop using the site or service in question.

16. CONFIDENTIALITY

In addition to these general terms, the site has a privacy policy that sets out how your personal information is handled when you use the site and how cookies are used.
See our Privacy Policy below for more information.
By browsing the site, you declare that you have also read and understand the abovementioned privacy policy.

17.LIMITATION OF LIABILITY

We are in no way responsible for any damages you may suffer as a result of your use of the site, to the fullest extent of the law. The maximum liability of QotMii from your use of the site is limited to the higher of the two following amounts: one hundred (100) Canadian dollars or the amount paid to QotMii in the last six months. This is valid for all claims, including but not limited to loss of profits or income, indirect or punitive damages, negligence, civil liability, or fraud of any kind.

18. ADDITIONAL QUESTIONS AND INFORMATION

If you have any questions or require further information, please contact us at info@QOTMII.com

Privacy and Confidentiality Policy

* Please read the following terms and conditions carefully.

PROTECTION OF YOUR PERSONAL INFORMATION

This Privacy and Confidentiality Policy (the “Policy”) explains the types of information collected when you use the QotMii Technologies Inc. (“QotMii”) website, how this information is used and when it may be disclosed. QotMii understands the importance of protecting its users’ personal information and is committed to respecting their right to the protection of their personal information. For the purposes of this Policy, the term “User” means any QotMii user or, if the User of the Service is under sixteen (16) years old, a person with parental authority. If you do not have the required authority or you do not agree with any provision of this Policy, you may not use the Media.

CHANGES TO THE POLICY

QotMii may, at its sole discretion and without notice, make changes to this Policy. The collection, use and disclosure of the User’s personal information will be subject to the version of the Policy in effect at the time, which is the version available on QotMii’s website. Should this Policy be changed in a manner that QotMii, at its sole discretion, deems substantial, QotMii undertakes to inform you of the new version of the Policy and obtain your consent to the changes by whatever means QotMii, at its sole discretion, deems most effective.

DEFINITION OF PERSONAL INFORMATION

Personal information is any factual or subjective information that allows an individual to be identified. Personal information does not include business contact information if such information is used to communicate with an individual in connection with their employment, occupation or profession.

CONSENT

Subject to a few exceptions, QotMii must obtain the User’s consent for the collection, use, disclosure and processing of their personal information.
Consent is a freely given, specific, informed and unambiguous indication that the User, by a statement or by a clear affirmative action, agrees to the collection, use, disclosure and processing of their personal information.
The User must understand the nature, purpose and implications of the collection, use, disclosure and processing of the personal information to which they consent.
QotMii undertakes to obtain the User’s consent to this Policy by whatever means it deems, at its sole discretion, the most effective, including electronic means.
The User is solely responsible for ensuring that they understand the scope of the provisions of the Policy and for retaining the services of legal advisors as needed to explain any of these provisions.

COLLECTION OF INFORMATION

QotMii only collects the personal information it needs in order to send emails when new applications are launched to Users who have signed up to receive such announcements.

USE OF INFORMATION

The personal information collected enables QotMii to identify the User and communicate with them by email to announce the launch of applications of which the User has requested to be notified.
If you have consented to add your email address to QotMii’s mailing list, you may, at any time, choose to stop receiving marketing communications or the email newsletter by unsubscribing via the hyperlink included in these communications.
QotMii does not sell the personal information of its Users to third parties and does not use or disclose this personal information for purposes other than those for which it is collected.
Applicable laws and regulations provide certain exceptions to this Policy and the use of your personal information. These exceptions may affect privacy practices. For example, QotMii may collect, use or disclose the personal information of its Users, in particular in the following situations:

  1. If the collection of the information is clearly for your benefit and your consent cannot be obtained in a timely way;
  2. If by law, the information is deemed to be in the public domain;
  3. If the information is disclosed to government authorities under antimoneylaundering and anti-terroristfinancing laws;
  4. In connection with tax returns to the competent authorities or other disclosures required by law.

QotMii may disclose and otherwise process the User’s personal information in accordance with applicable laws to defend QotMii’s legitimate interests, for example in civil or criminal legal proceedings.

PROTECTION OF INFORMATION

QotMii takes physical, organizational and technological security measures to protect the User’s personal information against unauthorized access, disclosure, copying, use or modification, and against loss or theft. Such security measures include, where appropriate, firewalls, secure server facilities, encryption, proper access rights management systems and processes, careful selection of processors, sufficient training of QotMii’s employees with access to Users’ personal information in the performance of their duties, and other necessary measures to provide appropriate protection for your personal information against unauthorized use or disclosure.

COOKIES

A cookie is a small data file stored on the User’s computer or mobile device. Although most internet browsers automatically accept cookies, you may change the parameters for some of them in order to limit their use or notify you when a website is attempting to save a cookie to your computer or mobile device. However, it is possible that certain services offered by the Media will be affected if the User disables cookies.
In order to provide a personalized online experience, QotMii may, if your browser or device allows it, automatically collect certain information of a nonpersonal nature, namely the usual internet log file data, including your IP address, browser type and language, access frequency and referring website addresses, including through the use of various types of cookies and conversion tags.
QotMii cannot view your computer’s profile or extract information from your hard drive.

ACCESS TO INFORMATION AND QUESTIONS

The User may request to complement, rectify or change any personal information about them held by QotMii, or ask that the information be anonymized or deleted. To do so, or if you have any questions or concerns about the protection of your personal information, please contact the administrator of your personal information at the following email address: info@qotmii.com

QotMii cannot, however, delete personal information if storing this information is necessary to comply with legal obligations or required by applicable legislation.

The User may request that QotMii send them the personal information collected about them in a structured, commonly used and machine-readable form. Should a User exercise their right to erasure or rectification of their personal information, QotMii undertakes to take all reasonable and necessary steps to ensure that any third party in possession of such personal information in accordance with the Policy is notified of the User’s request.
The User may also request that QotMii restrict the processing of their personal information in any of the following situations: (i) if the User is contesting the accuracy of the personal information, they may request that QotMii restrict the processing of their personal information until QotMii can verify its accuracy; (ii) the processing of their personal information is unlawful, the User oppose the erasure of their personal information and instead require that their use be restricted; (iii) QotMii no longer needs the personal information for processing purposes, but the User still needs it for to establish, exercise or defend legal claims; (iv) the User has objected to the processing of their personal information pending the verification to determine whether QotMii’s legitimate grounds override those of the User. Where processing has been restricted pursuant to the foregoing, such personal information will, with the exception of storage, only be processed with the User’s consent or for the establishment, exercise or defence of legal claims, or for reasons of important public interest.
The User may also, at any time, object to the processing of their personal information in order to stop receiving publicity or to no longer be profiled or participate in market studies. Further, any User who has consented to the processing of their personal information may withdraw their consent at any time.
In some cases, including if the User wishes to delete or cease the processing of their personal information, the User may no longer be able to use some features of the Media.
In order to respond to any of the abovementioned requests, QotMii may be required to identify the User and ask them for additional information. Applicable laws may contain restrictions and other provisions that relate to the User’s abovementioned rights.

10. COMPLAINT TO THE SUPERVISORY AUTHORITY

Should the User consider the way QotMii processes their personal information to be inconsistent with applicable information protection laws or should they deem that QotMii has not done enough to protect their rights, they may file a complaint with the local supervisory authority responsible for data protection matters.

11. APPLICABLE LEGISLATION

The Policy and the relationship between the User and QotMii under the Policy are governed by and must be interpreted in accordance with the laws in force in the province of Quebec (Canada) without regard to conflict of law principles. The User hereby expressly submits to the exclusive jurisdiction of the courts of the province of Quebec (judicial district of Québec) to resolve disputes in connection with the Policy. Notwithstanding the foregoing, the User understands that QotMii is authorized to apply to any appropriate authority for injunctive relief (or any other equivalent emergency measure).

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