1. The information you give us
Mercan Group, /, (the “Website”) is a site operated by the Mercan Group. (“We”, “Us”, “Our”, or “Mercan”). Mercan is a company registered and incorporated under the laws of and headquartered at our Montreal office:
Suite 1050A, 740 Rue Notre-Dame Ouest,
Montreal, Quebec H3C 3X6, Canada
Telephone: +1 (514) 282-9214
2. By using Our Website, you express acceptance of these Terms
By using Our Website, you confirm that you accept Our Terms and that you agree to comply with, and are legally bound, by them. This process shall take effect immediately upon your first use of the Website.
It is therefore important that you read these Terms carefully. We also recommend that you print a copy of these Terms for future reference.
3. There are other Terms that may apply to you
These Terms refer to the following additional policies, the terms of which also apply to your use of Our Website:
4. We may make changes to these Terms
We amend these Terms from time to time. Every time you wish to use Our Website, please check these Terms to ensure that you understand the terms that apply to you at that time and to become aware of any changes which may have been made.
Your use of the Website, once these Terms have been changed, signifies your acceptance of the updated Terms and your agreement to comply with, and be legally bound by, the updated Terms.
These Terms were most recently updated in March, 2023.
5. We may make changes to Our Website
We may update and change Our Website from time to time to reflect changes to Our products or services, Our users’ needs, and Our business priorities.
We will try to give you reasonable notice of any major changes.
6. We may suspend or withdraw Our Website
Our Website is made available free of charge. We do not guarantee that Our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of Our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access Our Website through your internet connection are aware of these Terms and other applicable terms and conditions and that they comply with them.
7. How you may use material on Our Website
We are the owner or the licensee of all intellectual property rights on Our Website and of the material published on it, including any logos and products shown on the Website. The Website, together with such material and content, are protected by law around the world. All rights are reserved.
You may print off-one copies and download extracts of any page(s) from Our Website for your personal use. You may also draw the attention of others within your organization to content posted on Our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on Our Website must always be acknowledged.
You must not use any part of the content on Our Website for commercial purposes without obtaining a license to do so from Us or Our licensors.
If you print, copy, or download any part of Our Website in breach of these Terms, your right to use Our Website will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made or downloaded.
8. Do not rely on information on this Website
Although We make reasonable efforts to update the information on Our Website, We make no representations, warranties, or guarantees, whether expressly or in an implied manner, that the information and content (or any part thereof) on Our Website is accurate, complete, or up to date.
9. We are not responsible for the websites We link to
Where Our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
Such links should not be interpreted as approval by Us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
You hereby agree that to the maximum extent possible at law, Mercan, Our affiliates, business partners, agents, contractors, sub-contractors, and service providers make no warranties (whether expressly or in an implied manner), guarantees, or conditions with respect to your use of Our Website. You understand that the use of Our Website is at your own risk and that the design and availability of the Website are on an ‘as is’ basis and ‘as available’.
We do not guarantee the accuracy or timeliness of information available on Our Website. To the extent possible under law, We exclude any express or implied warranties, including without limitation for performance, merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement of third-party intellectual rights.
You acknowledge and accept that computer and telecommunications systems are not fault-free and may be interrupted, and periods of downtime may occur. You also acknowledge that We do not warrant against interference with your use of the Website or that services provided by the Website will meet your requirements and/or achieve the intended results, or that the Website will be compatible or work with any third-party software, browsers, applications or third-party services.
We do not guarantee that your use of the Website will be uninterrupted, timely, secure, or error-free or that content loss will not occur, nor do We guarantee any connection to or transmission from computer networks.
You also acknowledge and unconditionally accept the risk that the use of the Website may affect the usability of third-party software or applications and that the entire risk as to their quality and performance lies solely with you.
No oral or written information or advice that may be furnished by Us or any of Our authorized representatives, resellers, or distributors shall, under any circumstance, be construed as a departure or deviation from the above disclaimers.
11. Limitation of liability
Whether you are a consumer or a business user:
We do not exclude or limit Our liability to you in any way where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user:
We exclude all implied conditions, warranties, representations, or other terms that may apply to the Website, or any information or content on them.
Mercan, our affiliates, business partners, agents, contractors, sub-contractors, and service providers will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable arising under or in connection with:
- Use of or inability to use the Website.
- Use of or reliance on any information or content displayed on the Website
In particular, none of these persons shall be liable for any consequential, incidental, or punitive damages, including without limitation:
- Loss of profits, sales, business, or revenue
- Business interruption
- Loss of anticipated savings
- Loss of business opportunity, goodwill, or reputation
- Any other indirect or consequential loss or damage
12. We are not responsible for viruses, and you must not introduce them
We do not guarantee that Our Website will be secure or free from bugs, viruses, or other malicious programs.
You are responsible for configuring your information technology, computer programs, and platform to access Our Website. You should use your own virus protection software.
You must not misuse Our Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to Our Website, the server on which Our Website is stored, or any server, computer, or database connected to Our Website. You must not attack Our Website via a denial-of-service attack or a distributed denial-of-service attack.
Further, you may not:
- Use any robot, spider, scraper, or other automated means to access the Website for any purpose
- Harvest or otherwise collect user information that is found on the Website
We will report any such breach to the relevant law enforcement authorities, and We will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Website will cease immediately.
13. Rules about linking to Our Website
You may link to Our home page, provided that you do so in a way that is fair and legal and does not damage Our reputation or take (or attempt to take) advantage of it, whether willfully or otherwise.
You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Our part where none exists.
You must not establish a link to Our Website on any site that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of Our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on Our Website other than that set out above, please contact Us at + 1 (514) 282-9214 to discuss this matter.
14. Law applicable to disputes
These Terms, their subject matter, and their formation are governed by Canadian law. You hereby agree that the courts of Canada shall have exclusive jurisdiction in any such matters.
15. Our intellectual property rights
You are not permitted to use Our intellectual property rights without Our express prior approval, unless they form part of material that you are using as permitted under ‘How you may use material on Our Website’ (as set out in section 7 above).