Terms & Conditions

 

Fizz welcomes you to our Website. Please read these terms of use ("Terms of Use") carefully before using our Website. By browsing on Fizz Website, you acknowledge and accept all the Terms of Use contained herein as well as those contained in the Policy Regarding the Use of Personal Information of Fizz Website Users and Visitors ("Policy").


These Terms of Use and the Policy constitute a binding legal obligation between you and Fizz ("Agreement"). This Agreement is effective for an indefinite period as of the time you first access our Website. Only we, at our sole discretion and without prior notice, can modify the present Terms of Use and the Policy.


If you do not agree with the Terms of Use or the Policy, please do not browse or consult the content of Fizz Website. You are responsible for regularly reviewing the Terms of Use and Policy.


General remarks


We make no guarantee as to the future availability of present Fizz Website. We reserve the right to interrupt it at any moment, at our sole discretion and that without prior notice. We assume no responsibility for prejudice or inconvenience resulting from the termination or interruption of the Fizz Website.


Use of Website


You may display this Fizz Website and, subject to any expressly stated restrictions or limitations relating to specific elements of the Sites, make electronic copies, download, or print portions of the content from various areas of Fizz Website exclusively for your personal and non-commercial use.
Harassment in any manner or form on Fizz Website, notably use of obscene or abusive language in chat areas or emails to Fizz Technical Support or Customer Service, is strictly prohibited. Identity theft, including of our employees, hosts, representatives, or other members of or visitors to Fizz Website, is prohibited. You are not permitted to upload, disseminate, share, transmit, or otherwise publish documents or messages on the Site that are of a defamatory, obscene, threatening, or abusive nature, which could undermine the privacy or damage the integrity or reputation of others, or that are otherwise inadmissible or constitute or encourage a criminal offence. Moreover, you are not permitted to upload commercial content on Fizz Website to solicit others to adopt or become members of any other commercial online service or other organization.


Without limiting the generality of the foregoing, you are expressly prohibited from: (a) the co-branding or reproduction in part or in whole of Fizz Website (b) sublicensing or reselling any data you receive from Fizz Website; (c) using or allowing third parties to use any data you obtain from Fizz Website; (d) using any such data in order to provide any service or product not specifically authorized in the present Terms of Use, whether personally or through a third party; or (e) disassembling, decompiling, reverse engineering, modifying, or otherwise altering any such data without our prior consent. Consent may be withheld at our sole discretion.


Trademarks and copyrights


The entire contents of this Website, including but not limited to text, design, graphics, interfaces, and code, as well as the selection and arrangement thereof (the "Content"), is the property of Fizz or its indicated owner, and is protected by copyright laws. It is strictly prohibited to reproduce, copy, publish, redistribute, transmit, or otherwise use the Content without our prior written consent.


All trademarks, registered or not, and all trade names (collectively the "Trademarks") contained in this Website are our property, or that of respective owners that have granted us rights and licences to use their Trademarks.

Netiquette


In order to make the experience of navigating the Website as enjoyable as possible for everyone, use of the Website's online communication services must at all times be in compliance with these Terms of Use. All of your actions while participating in the forums, chat rooms, and, more generally, any page of the Website where you can post comments, express yourself, contribute and enrich the online content with your elements, including, without limitation, any post, note, data, comment, addition, animation, article, publication, text, link, hyperlink, hypertext, photo, image, file, video, music, audio and/or video element, webcasting and, more generally, any information or content generated by you in any form whatsoever (hereinafter “Contribution”) must at all times be in compliance with the Terms of Use. 


Submissions


In submitting any notes, messages, message board posts, ideas, suggestions, concepts, or other material via Fizz Website, you thereby assign all your rights to this material to us, and waive all moral rights related to this material for the terms of the rights on a perpetual, irrevocable, and worldwide basis. Consequently, you give us the right to publish this material in any form, including for promotional and advertising purposes.


Links to other sites


We aim to provide enhanced value to you, our visitors. As such, we may provide links to other websites that are owned and operated by a third party. As these sites are owned and operated by third parties not affiliated with us, we wish to notify you that we have no control over these sites, including with regard to data collection and privacy practices, which are separate and independent from our own. Consequently, we cannot be held liable and offer no guarantee whatsoever as to the accuracy, timeliness, or completeness of the information contained on these websites.


The inclusion of links on our Website does not imply that we sponsor, endorse, are affiliated or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted material displayed on or accessible through linked sites.
We encourage you to share any comments you may have concerning the external links on our Website by contacting Fizz Customer Service by email at serviceclient@Fizz.ca


Confidentiality


The information pertaining to you that can be collected during or in connection with your use of our Website is regulated by the present Terms of Use, and the Policies.


Disclaimer / Limitation of liability


Though we strive to keep the information contained in the present Website accurate and up to date within commercially feasible limits, errors and omissions may occur. We do not make any guarantees or claims relating to the accuracy or completeness of the Content of this Website, or the content of any other Website or external site.


The present Fizz Website, as well as the Content, information, services, and products they contain or give access to, including text, graphics, and links, are provided "as is" and without warranty of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, whether express or implied, including but not limited to, implied warranties of quality or fitness for a particular purpose, non-infringement, and freedom from computer viruses, and warranties arising from established commercial practices or implementation practices. We do not declare or guarantee that the functions in this Website will remain in effect or free of errors or defects and faults. We do not make any guarantees or claims relating to the use of the materials contained within the present Website.
In no event shall we be held liable for any direct, indirect, special, or punitive damages or monetary loss, even if we have been previously advised of the possibility of such damages, whether in an action under contract, an extra-contractual action, or a civil suit, or by any other legal remedy arising from or related to the use, the inability to use, or the implementation of services or products offered and messages contained in the present Website. These limitations shall apply notwithstanding any failure of any limited remedy available at law.


Applicable laws


These Terms of Use are governed by applicable laws in the province of Quebec. Any dispute that may arise is to be submitted to the competent province of Quebec tribunals in the judicial district of Montreal. Should any provision in these Terms of Use be found invalid by a competent tribunal, it will not affect the validity of the other provisions. The invalid provision will simply be dissociated from the other provisions in these Terms of Use, which will remain in force.


If you suffer any prejudice whatsoever or disagree in any way with the provisions in the present Terms of Use, your only recourse is to leave this Website.


These Terms of Use and any and all other legal notices posted on the Website constitute the totality of the Agreement between you and us respecting the use of this Website and its Content.