Terms of service
OVERVIEW
This page contains the terms and conditions under which we provide the services and products offered by Maple Ace Inc. (hereinafter "we". “us”, “our” or “Maple Ace”), www.mapleace.com (hereinafter the “Website” or “site”) and any of their related products and services (collectively, "Services").
Maple Ace offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service”, acknowledge having read, and agree to be bound by, the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
These Terms of Service set forth the general terms and conditions of your use of the Website. These Terms are legally binding between you, our users, our visitors, our members, our vendors, our browsers, our customers, our merchants, our third-party service providers, our contributors of content and our advertisers (collectively referred to as "User", "you" or "your") and Maple Ace regarding the use of Website or the Services. If you are entering into this Terms on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of the presents, you must not accept these Terms and must not access and use the Website or Services in any way. You acknowledge that these Terms constitute a contract between you and Maple Ace, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
Please read these Terms of Service carefully before accessing or using our Website or subscribing to our Service. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
We are not responsible for any content referred to through our Website. If damage is caused by the use of information displayed through an external link, only the respective authors of said links might be liable, and in no case, we can be held liable for such damage.
These terms and conditions should be read in conjunction with the privacy policy of our website available at https://mapleace.com/policies/privacy-policy, as amended from time to time.
SECTION 1 - ONLINE STORE TERMS
By visiting or using our Website, you agree to be subjected to the present Terms of Service, and to be bound by each and every provision of the said Terms. The use of the Website is conditional upon acceptance of the provisions of these.
By subscribing or signing up to our Services or by purchasing any of our products, you expressly consent to receiving emails, updates, news or other correspondences from us related to the Services you subscribed to or other services offered by Maple Ace.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services.
You are responsible for the usage which will be made on the Website of your username and your password. You also guarantee the veracity and the exactitude of the information you provide on the Website. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of these Terms or that your conduct or content would tend to damage our reputation and goodwill. We may also suspend and/or delete your account if it is not created in accordance with these Terms, including by providing false information, or by creating more than one account for one person. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Each User may only create one account and you are the only authorized person to access the Website through this account. You are responsible for maintaining the confidentiality of any password or account number you provide in order to access the Website or the Service. You are solely liable for any orders, transactions or other activity executed under your account or password. Be advised that Maple Ace has no control over who is using your account and therefore disclaims all responsibility and liability relating to such use. If you suspect a third party might be accessing and using your account on the Website, you must immediately notify us in writing by sending an email to marketplace@mapleace.com.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices and other applicable charges (including without limitation shipping and handling and delivery charges) for the Services we provide are the ones indicated on our Website, except in cases of obvious and manifest error.
We reserve the right to modify the prices and other applicable charges indicated on the Website at any time, without notice, but changes will not affect purchase orders for which we have already sent a confirmation.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
You will be made aware of the applicable fees and charges when you visit our Website and you will accept the applicable fee prior to completing the transaction. All payments are due immediately upon placing the order. Upon confirmation and payment for your order, you will receive a receipt by email.
Unless otherwise clearly indicated, prices are in Canadian dollars and do not include GST, QST, HST and/or other applicable taxes. Taxes will be added to all transactions conditional to the applicable tax laws and treaties.
Payment for our Services must be made by credit card, debit card or other payment method accepted through our Website. We may use third-party service providers to process payments on our Website. We strongly recommend that your review their privacy policy and terms of use.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole and entire discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – CANCELLATION OF REGISTRATION
You may cancel your account at any time, for any other reason.
Please note that all transactions completed prior to the cancelation of your account are final and you will not be eligible for a refund.
We reserve the right to cancel your account without notice if you fail or failed to pay for any service, if you have violated any term or condition hereof. We also reserve the right to cancel your account at any time without notice and at our sole discretion, prior to receiving your payment for the services rendered through our Website.
Upon cancellation or termination of your registration, we reserve the right, at our sole discretion, to retain or immediately and irrevocably delete the contents of your account and/or other information available on our Website.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
We do not own any data, information or material (collectively, "Content") that you submit on the Services in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Services submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you.
Your use of the Website, including but not limited to the content you post on the Website, must be in accordance with any and all applicable laws and regulations.
Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our opinion, violates any of our policies or is in any way harmful or objectionable. Maple Ace may immediately remove any content that it solely decides to be in violations of its term and conditions, without notice. Furthermore, Maple Acemay terminate your account, without notice, and without prejudice to any other rights and recourses that it may have against you. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 – ADVERTISEMENTS
During your use of the Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Maple Ace Inc. our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Furthermore, to the fullest extent permitted by applicable law, in no event will Maple Ace, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any direct, indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, savings, data, replacement costs, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You must indemnify and defend at your expense, Maple Ace, its directors, officers, employees and agents against any lawsuit, claim, demand, debt or liability, damages, costs and expenses including attorneys' fees, arising, directly or indirectly, from your content, your use of the Services or the Website, your conduct in connection with the services offered or with the Website, or any violation of the presents, any other law or the rights of a third party.
We do not guarantee that the information, services and software provided on the Website will be exempt of anomalies or errors and "bugs", neither that those could be corrected, nor that the Website will function without interruptions or breakdowns, nor that it is compatible with a material or a particular configuration other than those expressly validated by us.
Under no circumstances will we be responsible for any dysfunctions attributable to third-party software, whether or not incorporated into the Website or are provided with this Website.
Under no circumstances will we be responsible for damages directly or indirectly, foreseeable or unforeseeable (including the loss of profits or opportunity) arising from the supply and/or use, or the total or partial impossibility to use the Services provided on the Website.
Most notably, but not limited to the preceding general points, we will not be responsible for any losses of income, any losses of profits, as well as any damages, caused to the Users (including without limitation vendors) directly or indirectly, through the use of the Website.
We will not be held responsible for any or all errors or omissions likely to occur on the Website. We will not be held responsible towards whoever for the errors or omissions of any nature related to the contents or the materials related to the present Website, and will offer no guarantees express or implicit on the contents or materials related to the present Website. We will not be held responsible for any or all losses, or any or all damages of any nature, direct or indirect, specials or fortuitous included, likely to result.
Furthermore, we are not responsible for Users’ or third-party behaviour, comments and ratings on published material, whether favorable or not. We are not responsible for any damage this may cause to our Users.
We are not responsible for uncontrolled activity by third parties which leads to spam emails or unsolicited emails directed to our Users. We are not responsible for any damage, loss or other disturbance caused to our Users by such third parties.
We will not be held responsible for inaccuracies appearing in the statistics page and caused by third party spammers or robot activity that compromises our ability to provide accurate and uncompromised statistics regarding the use made by our Users of our Website. We are not responsible for any inaccuracy or damage this may cause to our Users.
We do not ensure the accuracy of any information provided by our Users (including without limitation our vendors). Users shall exonerate us against and in respect to any damages and all claims and recourse that can be brought against us with regard to any information provided by the User(s) and broadcasted or displayed on our Website. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.
Users will compensate us for any claims, including interest, penalties as well as any legal fees that we may incur due to the User’s information retrieved from our Website.
Users will exonerate us and Users will be responsible for the total sum of any losses, costs and expenses, including reasonable attorney fees, related to any violations of the present provisions of the Agreement by the User(s) or by any other person with access to the User's account, either through the use of the present Website, or by the broadcasting, display or transmission of any information or materials on the present Website by the User and by any other person with access to the User's account.
You understand that this Agreement has been considered in light if these limitations, and that the terms of the Agreement would have not been possible but for this limitation.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Maple Ace Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 – INTELLECTUAL PROPERTY
We are the owner(s) and/or holder(s) of all intellectual property rights on our Website, registered or not, and any material we publish on our Website, including but not limited to graphics, Website content, etc. The contents and the copyrights on the contents belong or are under control of Maple Ace, and its logo is a registered trademark. Those works are protected by copyright laws and all rights attached thereto are reserved.
You can print a copy and download extracts of any page of our site for your personal use. However, you cannot use all or part of the protected content hereunder, for commercial purposes, without first obtaining an express license from the owner(s) of said content (i.e. us or our partners). It is strictly forbidden to use any of the trademarks appearing on this Website or any other website accessible via this website without the written authorization by Maple Ace or by the holder of the rights on this trademark. You agree that you will not use Maple Ace’s proprietary information or materials in any way whatsoever except for the use of the Website in compliance with the present Terms. No portion of our content or of our Website can be reproduced in any form or by any means, except as expressly permitted in these Terms. Furthermore, you agree not to modify, sell, distribute or create derivative words based on our Website, products and Services in any manner, and you shall not use our Website in any unauthorized way whatsoever, including but not limited to by trespass or burdening our network and service capacity.
If you post comments on the products or services on other websites, blogs or social media (hereinafter “Comments”), you must ensure that these comments reflect a well-founded opinion. By subscribing to our services, you irrevocably authorize us to quote and publish your comments on our Website, and any advertising or social media that may be created later.
We do not claim ownership of the materials you provide to us. However, by posting, uploading, providing or submitting material, you grant us the necessary authorizations and licenses to use the information you submitted in connection with the operation of our business, including, but not limited to, the rights to: copy, distribute, transmit, display, perform, reproduce, edit and translate the material submitted by you, including but not limited to graphics, comments, etc. By posting, uploading, inputting, providing or submitting your material, you warrant and represent that you are holding, and/or you control all the rights connected to said content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit said content.
Every User expressly guarantees to Maple Ace that all the materials of text, photographs, drawings, trademarks or any other materials provided to us for publication on the accessible web pages of the Website are the property of the User, or that the said User has the authorization of the holder of the rights concerned, to use any material concerned. Therefore, Users must be committed to exonerating and defending us, as well as our subcontractors, against any claims or against any recourse which can be brought against us following the use of such materials provided by the User(s).
Notwithstanding the above all recommendations, improvements or modifications to our products and services made in response to your call and/or anyone acting on your behalf, including your employees, will be our property, whether these improvements and recommendations are integrated into our products and services or not.
SECTION 18 - FORCE MAJEURE
We will not be liable for any failure or delay in the performance of our obligations under this Agreement, if such failure or delay is caused by of Force Majeure, as defined below.
A Force Majeure Event includes any act, event, omission or accident beyond our reasonable control, including, but not limited to:
- strikes , lockouts or other situation or industrial phenomenon ;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war ;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster ;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of networks of public or private telecommunications; and
- The acts, decrees, legislation, regulations or restrictions of any government.
Our performance is deemed to be suspended as long as the event of force majeure continues (the “Period”), and we are entitled to an extension of time for performance equivalent to that Period. We will use all reasonable means at our disposal to end the event of Force Majeure and/or find a solution by which we keep our commitments and obligations under this Agreement, despite the event Force Majeure. Please note that this is an obligation of means and not an obligation of result.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 21 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 - GOVERNING LAW
The formation, interpretation, and performance of these Terms and any disputes arising out of it shall be governed and construed in accordance with the laws of the province of Quebec, and, to the extent applicable, the laws of Canada, without regard to its rules on conflicts or choice of law. The parties agree to elect domicile in the judicial district of Montreal, in the province of Quebec, Canada, and select it as the appropriate district for the hearing of any claim arising out of the interpretation, application, performance, entry into force, validity and effects of the Terms and you hereby submit to the jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to these Terms. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Except if you are located in the Province of Québec, you also agree to waive any right you may have to commence or participate in any class action against Maple Ace related to the Website, the Services, the services or products of any vendor, deliverer or third party service provider, or these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – ACCEPTANCE OF THESE TERMS
You acknowledge that you have read these Terms and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by these Terms. If you do not agree to abide by the terms of these Terms, you are not authorized to access or use the Services.
SECTION 25 – WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or correspondence we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. You hereby accept the electronic means of communication instead of written submissions, and you acknowledge that all contracts, notices, disclosures and other communications that we provide to you electronically comply with the requirements of laws and have the same legal force as written communications. This condition does not affect your statutory rights.
SECTION 26 - CONTACT INFORMATION
If you would like to contact us to understand more about these Terms or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to marketplace@mapleace.com.
This document was last updated on December 14, 2021.
Questions about the Terms of Service should be sent to us at marketplace@mapleace.com.