Terms and conditions

This Terms of Use Agreement governs the website located at https://design.novatechgroup.com/ which is owned by Novatech ("Novatech ", "we", "us", "our", as applicable). Before visiting our website or becoming a user, you must read and accept all the terms and conditions of this Terms of Use Agreement and our Privacy Policy

1. Exclusive rights

You acknowledge and agree that Novatech (or Novatech's licensors) have all legal right, title and interest in and to the Website, including all intellectual property rights applicable to the Website (whether or not such rights are registered or asserted, and regardless of the country in the world where such rights exist). Nothing in the Terms of Use Agreement grants you any right to these rights or to use any of Novatech's trade names, trademarks, service marks, logos, domain names or other distinctive brand features. You are permitted to electronically copy or print on paper any page of the website for your personal or professional use, provided that, when using the document, Novatech is mentioned. Notwithstanding the foregoing, you may not reproduce, publish, transmit, distribute, display, modify, sell or exploit in any way this website or its contents, including company information, data carriers, documents, materials, data, text messages, software, music, sounds, photographs or images, graphics and videos included in the contents (the "contents"), create derivative works therefrom or participate in any sale thereof.

2. Responsibility for the content of the Entrance Builder

While reasonable efforts are made to ensure the accuracy and currency of the website, we do not warrant or represent that this website is error-free or completely accurate and up-to-date at all times. We may make various content available to you on our website. The content of this website is provided for informational purposes only. The content is provided "as is". Accordingly, you agree not to hold Novatech liable for any inaccuracies in the content posted including differences when compared to the physical products sold by Novatech, any errors or omissions in any content, or any damages or losses of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through our website, or relied upon by you. The information contained on the Website is subject to change and Novatech reserves the right to modify or remove any content of the Website, in whole or in part, at its sole discretion, at any time, without notice. Section 11 of this Terms of Use Agreement provides further details on Novatech’s limited liability.

3. Responsibility for partner content

Some of our partners such as suppliers may post content on our website or make it available to you. These partners may also share their personal experience or their experience in using our products. You understand that Novatech makes this content available to you for information purposes only and that, given that these partners speak on their own behalf and according to their field of expertise, you acknowledge and agree that Novatech does not endorse the content of such partners and cannot be held responsible for it, and that Novatech is not responsible or liable, directly or indirectly, for any damages or losses suffered or allegedly suffered as a result of or in connection with your use of or reliance on the content, advertising or products of such partners.

4. External links

Our website may contain links or references to other websites, resources or content. Novatech has no control over such third party websites and resources. You acknowledge and agree that Novatech is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites and resources. You also acknowledge and agree that Novatech shall not be responsible or liable, directly or indirectly, for any damages or losses suffered or alleged to have been suffered as a result of or in connection with your use of or reliance on any such content, goods or advertising, products, or other materials made available to you or on such websites or resources.

5. Licence for user generated content

Novatech may provide you with an electronic noticeboard (project sharing and social media sharing), which users of the website may use to share and post content. When you send, transmit, post or distribute content through our website, you retain the copyright and any other rights you already hold in such content.

You accept that by sharing and posting content through our website, including a photo of your home, that this content may be accessible and viewed publicly.

By sending, transmitting, posting or distributing any content through our website, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license (through multiple tiers) to reproduce, adapt, modify, translate, display, publicly perform, publicly broadcast and distribute such content. You confirm and warrant to Novatech that you have all necessary rights, power and authority to grant the above-mentioned license.

6. Responsibility for user-generated content

You understand that all content, whether publicly posted or privately transferred when sending, transmitting or posting content when using our website (for example when using the Message Board), is the sole responsibility of the person from whom the content originated, meaning that you are entirely responsible for all content that you upload, This means that you are entirely responsible for all content that you upload, post, email, transfer or otherwise make available to others through our website, such as through the Message Board, and are therefore responsible for ensuring that all such content is accurate and does not contain misleading information or infringe or violate anyone's proprietary rights. In particular, you agree not to use our website:

  • to violate any law or to infringe the rights of any third party;
  • if you are temporarily or indefinitely suspended from our website, or if you are under 18 years of age, unless you have obtained your parent's or legal guardian's consent to use our website and the parent or legal guardian agrees to be bound by this Terms of Use Agreement
  • to upload, post, email, transfer, or otherwise make available to others any content: (i) that is false, inaccurate, misleading, defamatory, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, invasive of another's privacy, hateful, racially or ethnically objectionable or otherwise or generally unlawful; (ii) that you do not have a right to make available to others under law or as a result of any fiduciary or contractual relationship; (iii) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party; (iv) that may constitute unauthorized or unsolicited advertising, promotional materials, junk mail, spam, snowballing, chain letters or any other form of illegal solicitation;
  • to impersonate any person or entity, including, without limitation, a Novatech representative, to make any false or misleading statement regarding your affiliation with any person or entity, to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content you post or transmit through our website;
  • to send viruses or any other technology that may harm our website or interests or goods to copy, modify or send content from our website as well as Novatech's copyrights and trademarks;
  • to collect or otherwise collect, use or disclose personal information about users, including e-mail addresses, without their prior consent or in a manner that is inconsistent with data protection and privacy laws.

7. Right to remove or disclose content

You acknowledge that Novatech does not pre-screen content, but that Novatech has the right (but not the obligation), in its sole discretion, to refuse or remove any content accessible through the Website or the Message Board that violates this Terms of Use Agreement or is otherwise objectionable. You expressly acknowledge and agree that Novatech may access, preserve and disclose your personal information and content as necessary to comply with the law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Terms and Conditions Agreement; (c) respond to claims that the Content violates the rights of a third party; (d) respond to your requests for customer service; or (e) protect the rights, property, or to ensure the safety and security of Novatech, its website, its users and the public.

8. Practices and restrictions on the use of the electronic noticeboard

You acknowledge that Novatech may establish general practices and limits concerning use of the Website Message Board, including the maximum number of days that messages or other uploaded content are retained on the Website, the maximum number of posted messages that may be uploaded by a user, the maximum size of any message that may be uploaded by a user, and the maximum number of times that you may access or use the Website Message Board (and the maximum duration of such access or use) in a given period of time. You also acknowledge that Novatech reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

9. Access to information on electronic media or other content

After requesting access to certain content on our website (such as creating an account on website), you may be asked to identify yourself, provide contact information such as your e-mail address and indicate the purpose of their use or intended use of the information. You agree to provide true, accurate, current and complete information about yourself as prompted by the website form, and to maintain and promptly update such data to keep it true, accurate, current and complete at all times. You agree to immediately notify Novatech of any unauthorized use of your personal information or any other security breach relating to your information.

10. End of use

Without limiting any other remedy, Novatech may, in its sole discretion, restrict, suspend or terminate your use of the Website, prohibit access to its Website, and take legal and technical steps to prevent certain users from accessing the Website, delete or remove any user-created content from the Website, for any reason, including (a) if Novatech believes that you have violated or acted inconsistently with the letter or spirit of this Terms of Use Agreement (b) at the request of a law enforcement or other government agency; (c) if you provide false, inaccurate, out-of-date or incomplete information in your request for access to information on Novatech's electronic media, or if Novatech has reasonable grounds to suspect that you have done so (e) in the event of unexpected technical or security problems; (f) pursuant to legal process; or (g) if you have engaged in or are believed to have engaged in illegal activities, including fraud or violation of data protection laws, anti-spam laws and privacy laws. You acknowledge and agree that any termination of your access to the Website pursuant to any provision of this Terms of Use Agreement may be effective without notice, and that Novatech may immediately remove your content. You agree that Novatech shall not be liable to you or any third party for any termination of your access to the Website. The provisions of this Terms of Use Agreement which, by their nature, must extend beyond the termination of this Terms of Use Agreement are hereby extended.

11. LIMITATION OF LIABILITY

You shall not hold Novatech liable for any action or inaction, whether taken through our website or as a result of its use. We cannot guarantee secure access to our website and many factors beyond our control may disrupt the operation of our website. To the extent permitted by law, neither Novatech nor any of its partners, divisions, directors, officers, employees, agents, successors or assigns shall be liable for any damages whatsoever arising out of or relating to access to or use of this website, including, without limitation, liability for direct, indirect, incidental, special or consequential damages, whether or not Novatech has been advised of, has knowledge of or should have known of the possibility of such damages.

TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOVATECH, ITS LICENSORS AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT YOU MAY SUFFER, REGARDLESS OF THE CAUSE OR UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION, FOR ANY LOSS OF DATA SUFFERED, FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR FOR ANY OTHER INTANGIBLE LOSS (EVEN IF NOVATECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY OTHER MATTER RELATED TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, (I) ANY MODIFICATION TO THE WEBSITE MADE BY NOVATECH, OR THE TEMPORARY OR PERMANENT DISCONTINUANCE OF THE WEBSITE (OR ANY FEATURES INCLUDED ON THE WEBSITE) II) THE DELETION, CORRUPTION, OR FAILURE TO TRANSMIT, POST OR SAVE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY YOU OR ANY OTHER USER THROUGH YOUR USE OF THE WEBSITE.

12. Discharge and indemnity

If you have a dispute with one or more users, you release us and our licensors (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree to indemnify and hold harmless Novatech and its licensors (and our officers, directors, agents, subsidiaries, joint ventures, partners and employees) from and against any claim, demand or request, including reasonable attorneys' fees and costs, any third party claim, demand or cause of action, including reasonable attorneys' fees and costs, arising out of or relating to your breach of the Terms of Use Agreement, any content transmitted, posted or transferred by you or made available to others through or in connection with the Website, or your violation of any law or the rights of a third party.

13. Privacy

We use your personal information only as set forth above in our Privacy Policy, which forms part of the Terms of Use Agreement and is hereby incorporated into it. If you object to the manner in which your personal information is provided or used as described in the Privacy Policy, please do not use our website.

14. No agency relationship

This Terms of Use Agreement does not create, nor does it seek to create, any agency, partnership, joint venture, agency, employment or franchising relationship.

15. Applicable Law and Dispute Resolution

The interpretation of this Terms of Use Agreement shall be governed by the laws of the Province of Quebec, without regard to its conflict of law provisions. All proceedings relating to the Website or this Terms of Use Agreement shall be brought in the courts of the Province of Quebec.

16. General

If any provision of this Terms of Use Agreement is found to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. We may, in our sole discretion, assign this Terms of Use Agreement. The section titles are provided for convenience only and do not limit the scope of any such provision. Our failure to act with respect to any breach or violation by you or any other person shall not constitute a waiver of our right to act with respect to similar or subsequent breaches or violations. We do not warrant that we will act with respect to all breaches of this Terms of Use Agreement.

17. Amendments to the user agreement

This Terms of Use Agreement takes effect on August 1, 2022. Novatech may make changes to the Terms of Use Agreement from time to time. When changes are made, we will create a new version of the Terms of Use Agreement and make it available to all users by posting it on our website and the amended terms will be effective ninety (90) days after they are initially posted. You understand and agree that if you use our website after such date, Novatech interprets your use as acceptance of the updated Terms of Use Agreement.

Please note that the English and French versions of this Terms of Use Agreement have the same legal value.