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Genium360 Service Agreement

Introduction

To benefit from all the Privileges and Services offered through Genium360, you must create an Account with Genium360. Please note that certain Privileges and Services are subject to admission criteria.

About Genium360

Genium360 Services Corporation (”Genium360”) is a not-for-profit organization. As part of our activities, we offer our Users various Privileges and Services.

For more information on Genium360, see the About section of our Website.

You can create an Account by following the instructions.

Effect of the Agreement

This service agreement (the “Agreement”) is entered into between you as a Platform User and Genium360 upon creation of your online Account.

Please read this Agreement carefully. Use of the Platform and User Account is conditional upon acceptance of all the terms and conditions of the Agreement.

Use of your Account is governed by the terms and conditions set forth below.

1. Definitions: The following definitions apply to the present Agreement:

  • “Platform” means the Website located at https://genium360.ca/ as well as all its contents, functions, Privileges and Services offered by the same;
  • “Account” means the right to access and use the Platform. There are different types of Accounts for different Users;
  • “User” means any person, company or organization that accesses the Platform and uses or directs the use of an Account. Different eligibility criteria apply to different Users. Different types of Account give Users different access to Genium360 Privileges and Services;
  • “Member” means a Genium360 User who meets the conditions described in Section 3.1 of the Agreement;
  • “Associate” means any Genium360 User who meets the conditions described in Section 3.2 of the Agreement;
  • “Partner” means any Genium360 Partner offering products or services to Users and to any other person referred to in an agreement between such supplier or Partner and Genium360;
  • “Privilege” means any product or service offered by a Partner to our Member Users and Associate Users pursuant to the agreement in effect between such Partner and Genium360;
  • “Services” means services rendered directly by Genium360 and excludes any services offered by a Partner.

2. Scope: This Agreement governs your use of our Privileges and Services. Privileges and Services include those offered by or through us, including but not limited to those offered through the secure portion of our Website accessible after opening an Account on the Genium360 Platform. You agree to comply with the terms and conditions of this Agreement for as long as you benefit from or use the Privileges and Services.

3. Account Types

  3.1. Member Account: In order to hold a Genium360 Member Account, you must at all times meet the conditions indicated in the General By-Laws in effect (section 10. Members) and comply with the latter.

  3.2. Associate Account: In order to hold a Genium360 Associate Account, you must at all times meet the conditions indicated in the General By-Laws in effect (section 11. Associates) and comply with the latter.

3.3. Individual Account: The Platform allows Users who do not have an Account as a Member or Associate to create an Individual Account to access Genium360's Services. You must agree to abide by the terms and conditions of this Agreement and any other terms and conditions in order to access the Services offered.

4. Account retention requirements

  4.1. You must be a natural person to create an Account. Registrations made by automated processes are not permitted.

  4.2. You must provide a functional and secure e-mail address for which you are the designated and unique User, which address will be associated with your Genium360 Account and will serve as your Account login identifier.

  4.3. Your login identifier (e-mail address) must only be used by one person: yourself. A unique login identifier cannot be shared by several people.

  4.4. You are responsible for keeping the email address associated with your Account up to date. If you lose access to messages from your email address (that is, you can no longer read messages sent to that address), you must update your email address, either by accessing your Account online, or by contacting Genium360 Customer Service at info@genium360.ca.

5. Other agreements: This Agreement should be read in conjunction with all other written agreements with us, as well as the Privacy Policy and the Terms of Use. There are also various additional terms, conditions and disclaimers in other agreements that govern the Privileges and Services. In the event of any inconsistency between the terms of this Agreement and any other written agreement with us, the terms of this Agreement shall apply to the extent necessary to resolve the inconsistency and subject to the applicability of this Agreement to the situation.

6. Modifications: We may at any time modify the Privileges, our Services, our Website, or this Agreement. We will notify you of changes to this Agreement by posting a notice on our Website. Your use of our Website, Privileges and Services following the posting of a notice means that you accept and agree to be bound by the Agreement as amended. If you do not agree with any change to this Agreement, you must notify us in writing. Upon receipt of the notice, you will cease to benefit from all advantages offered through us. In this case, you may no longer be able to use some of our Services and you may no longer be eligible for some of our Privileges.

7. Cancelling an account: You may request to terminate your membership by sending written notice to Genium360. Closing your Account will terminate the Agreement.

8. Personal use: The Privileges and our Services may be used solely for personal or professional purposes and may only be used by you or for your own benefit and not for the benefit of any third party, unless expressly stated otherwise in the specific terms and conditions applicable to a Privilege or Service.

9. Password: When creating your Genium360 Account, you must also choose a password (“Password”) that will be required for online access to your Account and the transactional portion of our Website. You must keep your Password confidential. You may not disclose it to anyone. If you think someone knows your Password, change it immediately.

10. Cancellation and interruption of service: We may cancel any Service we provide to you or any Privilege offered by our Partners at any time, without notice. We shall not be held liable for any inconvenience or loss resulting therefrom, subject to applicable law. While we do not anticipate any service interruptions or other communication system failures, and subject to applicable law, we are not liable for any loss of any kind that you may incur as a result of any such problem, unless such problem results from gross negligence or wilful misconduct (in which case our liability will be limited to direct damages suffered by you; we will not be liable for any indirect, special or consequential damages).

11. Commercial privileges: Privileges are not offered by us, but rather by Partners who have entered into agreements with us for the purpose of providing our Member and Associates Users with Privileges. The products and services you obtain under the Privileges are governed by the agreements established between you and the Partners. You are entirely free to do business with these Partners and we make no warranties of any kind, express or implied, including, without limitation, any statutory warranties or any warranties regarding merchantability or fitness for a particular purpose of products and services offered by a Partner, such warranties being given, where applicable, by Genium360 Partners. At all times, your relationship with each Partner is independent of your relationship with us. As indicated in our Privacy Policy, we may share personal information about you with Partners who offer you Privileges, and receive personal information about you from them, in all cases where this is necessary to enable you to benefit from the Privileges. If you exercise your right to withdraw your consent to the disclosure of your personal information (as you may do under our Privacy Policy), we will not be able to continue to offer you the Privileges offered by our Partners.

12. Services from Genium360 - Warranty disclaimer: Our Services are provided “as is”. We make no warranties of any kind, express or implied, including, without limitation, any statutory warranties and any warranties of merchantability or fitness for a particular purpose with respect to our Services.

13. Liability waiver: Subject to applicable law, we will not be liable for any direct, indirect, consequential, special or punitive damages of any kind, including, without limitation, expenses, losses or damages of any kind arising in any of the following situations: a) your use of, or inability to use, our Services or Privileges; b) inaccuracies, deficiencies or errors in the content posted on our Website or in our communications with you; c) any purchase of products or services by you or others from our Partners; or d) any act or omission of a Partner, including any changes, interruptions or inaccuracies in the products and services offered by a Partner and any fees charged by the same.

14. Accuracy of the information you provide: You warrant that any information you enter on our website, at any time, is (a) accurate and complete; and (b) is valid at all times when you are using the Services and Privileges. You are responsible for updating your file, including any changes to your name, mailing address, email address, employment status or any other information required to hold an Account with Genium360. If the information is incomplete and we are no longer able to contact you based on the information provided, your Account may be deleted.

15. Communication preferences : You may at any time change your preferences regarding communications that Genium360 may send to you, as provided in our Privacy Policy. However, Genium360 may still communicate with Member and Associate Users to transmit communications relating to our democratic life, elections and decisions of meetings. Genium360 may also communicate with all Users regarding changes to the Privacy Policy or the Agreement. When you use our Platform or our Partners, you consent to the formation of contractual relationships via electronic means of communication.

16. Your personal information: Any collection, use or disclosure of personal information is subject to our Privacy Policy. You hereby acknowledge that you have read it and accept its terms and conditions.

By completing the process of creating a User Account, you acknowledge that you have read and understood this Agreement and expressly agree to be bound by all of its terms and conditions, as well as all other terms, conditions, notices and disclaimers posted elsewhere on the Platform, on Genium360's Website or in your User Account.

As a Member or Associate User, you also agree to abide by the terms and conditions of the Agreement and the General By-Laws of Genium360 (where applicable).