Updated: April 14, 2021
These Terms of Use (the “Terms of Use”) set forth the terms and conditions that apply to the entity or person (“you”, “your” or “user”) who requested access and use of the Internet website located at https://ca.zumrails.com/ owned and operated by ZUM RAILS INC. (“Zūm Rails”, “we”, “us” and “our”).
BY ACCESSING OR USING THE WEBSITE YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS OF USE AS WELL AS ZUM RAILS PRIVACY POLICY, AS IT MAY BE AMENDED AT ANY TIME.
Zūm Rails has the right to revise the Terms of Use at any time without providing notice. Your continued use of the Website shall be deemed irrevocable acceptance of those revisions. At any time, Zūm Rails may (i) revoke your use or right to use of the Website for any reason, (ii) modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice.
Scope of Use
These terms and conditions apply to your use of all of the sites and services owned or operated by Zūm Rails, and affiliated companies. Unless we say otherwise, all references to the Website in these terms and conditions include all such solutions. These terms and conditions do not apply to your use of unaffiliated sites/services to which any of the Zūm Rails sites only link to.
Disclaimers
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. ZUM RAILS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE ACCURACY, RELIABILITY, OR SUITABILITY FOR ANY PURPOSE, OF THE INFORMATION CONTAINED IN OR REFERENCED TO THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIAL. ANY PERSON ACCESSING OR USING THE WEBSITE ACCEPTS AND ASSUMES ALL RISKS RELATING TO THE ACCURACY OR RELIABILITY, OR ARISING FROM THE USE OF, THE INFORMATION AND MATERIALS AVAILABLE ON THE WEBSITE.
Zūm Rails attempts to provide accurate and current information on the Website. However, errors may occur from time to time. In any case of a discrepancy between content on the Website and printed content published by Zūm Rails, the Zūm Rails-printed version shall be deemed to be correct and prevail.
No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and material on the Website. You must independently verify the accuracy of all such information and material before acting or relying thereon.
Zūm Rails will not have any liability for any special, incidental, consequential, direct, or indirect losses or damages, or any other damage or loss claimed either in contract, negligence, extracontractual liability or tort including, without limitation, punitive damages arising out of the use of the Website and the information contained therein, or arising out of the inability to use the Website and the information contained therein.
Indemnification
You agree to indemnify, defend, and hold harmless Zūm Rails, its employees, members, directors, managers, officers or agents from and against any loss, liability, damage, penalty or expense (including attorneys’ fees, expert witness fees and cost of defense) they may suffer or incur as a result of (i) any claim by you, (ii) any failure by you or any of your employees, agents or subcontractors to comply with the terms of these Terms of Use; (iii) any warranty or representation made by you being false or misleading; (iv) any representation or warranty made by you or any of your employees, agents or subcontractors to any third person other than as specifically authorized by this Terms of Use, (v) negligence of you or any of your employees, agents or subcontractors, or (vi) any alleged or actual violations by you or any of your employees, agents or subcontractors of any payment card association rules, governmental laws, regulations or rules.
Proprietary Rights
The Website and the content available thereon are owned by us or our licensors or service providers and are protected by copyright, trademark, trade secret, and other intellectual property laws. You are not permitted to download, copy or otherwise store any such content. “Zūm Rails” and the Zūm Rails logo are trademarks of Zūm Rails. All rights in them are reserved for Zūm Rails.
Prohibited Activities
With regards to the Website or any content on the Website, you may not:
- Use the Website or content in a way that could damage it or the material displayed on it;
- Interfere with Website security or the security of the linked websites;
- Disrupt or interfere with another person’s use of the Website;
- Use or attempt to use another’s account, password, or system without prior written authorization from Zūm Rails;
- Distribute, copy, or otherwise make available material from a website for commercial exploitation without the express written permission of Zūm Rails;
- Violate or infringe any right of any third party;
- Use the Website or the information on it to send any type of mass communication;
- Use the contact information on this site to send communications of illegal, sexual, racist, or otherwise inappropriate nature, as Zūm Rails determines in its sole discretion;
- Attempt to gain unauthorized access to the restricted areas of a Website;
- Manipulate identifiers to disguise the origin of any content transmitted on or through the Website or the source of any content;
- Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of our networks connected to the Website; and
- Upload, download, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment.
Any of the foregoing, or any fraudulent, abusive, or otherwise illegal activity is grounds for termination of your access to the Website, at Zūm Rails’ sole discretion.
Security
Zūm Rails is committed to protecting the security of our users. Please keep in mind, however, that no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit using our website and you transmit such information at your own risk. Zūm Rails further does not assume responsibility for use or disclosure of your information that are the result of unauthorized or illegal access to our systems or those of our vendors or partners.
Hyperlinks
Zūm Rails is not responsible for the content of third party sites hyperlinked from this page, nor does it guarantee the products or services offered on third party sites. Your use of the hyperlinks is at your own risk. You should review the privacy statement of a website before you provide personal or confidential information.
Internet E-Mail
Any unprotected e-mail communication over the Internet is, as with communication via any other medium (e.g. cellular phones, post office mail), not confidential, subject to possible interception or loss, and is also subject to possible alteration. We do not encourage anyone to send any personal or financial information to Zūm Rails via unprotected e-mail.
General
The Terms of Use have been made in and shall be construed and enforced under the laws of the jurisdiction of the Province of Quebec and the federal laws of Canada, without regard to conflict of laws principles, and you irrevocably consent to submit to the exclusive jurisdiction of the courts of the Province of Quebec for any claim, proceeding or action under the Terms of Use against Zūm Rails. Notwithstanding the foregoing, Zūm Rails may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that these Terms of Use are specifically enforceable by Zūm Rails through injunctive relief and other equitable remedies without proof of monetary damages. The Terms of Use and the Privacy Policy shall constitute the complete and exclusive agreement between you and Zūm Rails, and govern your use of the Website. If any provision of these Terms of Use is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the Terms of Use and the other provisions shall remain in full force and effect.
Language
It is the express wish of the parties that these Terms of Use and any related documents be drawn up in English. Il est de la volonté expresse des parties que cette condition d’utilisation ainsi que tout document connexe soient rédigés en langue anglaise.
Links and Third-Party Content
These terms and conditions apply only to the Website, and not to the sites of any other companies or organizations, including those to which any of the Zūm Rails sites may link. The Website contains links to external third-party websites, entities, content, and products that are provided for your information and convenience only and do not constitute any endorsement or a recommendation by Zūm Rails. If you access these links, you will leave the Website. If you decide to visit any linked site, you do so at your own risk. Zūm Rails makes no representations whatsoever about any other websites which you may access from the Website.
We are not responsible for the availability of any other site to which any of Zūm Rails sites links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connections with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to those sites administrator or web master.
Contacting Zūm Rails
You may contact Zūm Rails via e-mail at support@ca.zumrails.com Or By mail at 410-500 Saint-Jacques Street, Montreal, Quebec, H2Y 1S1