TERMS AND CONDITIONS

 

Please read the following terms of use carefully (hereinafter “Terms of Use”) of 5sim Concept inc., with corporate offices located at 154 Av. Laurier Ouest, suite 210, in the city of Montreal (H2T 2N7), province of Quebec in Canada, and operating under the name “5Sim” (hereinafter “5Sim“).

 

5Sim operates this website (hereinafter the “Platform”). By deciding to use the Platform and 5Sim’s services, the user, that is to say the end user or the organisation you represent or you work for (hereinafter the “User” or the “Users”) accepts without delay all the Terms of Use indicated below that govern the content and the running of the Platform, including the “Privacy Policy” (Following this document) of 5Sim.

 

These Terms of Use have the effect of legally binding the User and 5Sim (hereinafter the “Parties”). The Parties are entitled to invoke this convention and to take all appropriate and necessary measures to enforce it.

 

The User accepts and recognizes that 5Sim has the right, at any moment and without a previous notice, to modify, change or update the Terms of Use.

 

The use of the Platform by the User after such a modification means that the User consents to respect the Terms of Use as modified and to be legally bound by them. 5Sim will attempt, as far as possible, to inform the Users of any changes to these Terms of Use. However, it is the User’s responsibility to review them regularly to be informed of any changes that may be made.

 

If the User does not accept these Terms of Use, or as the case may be, the Terms of Use as modified from time to time, he must stop using the Platform.

 

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ACCESS AND USE OF THE PLATFORM

 

If the User browses the Platform, it means that he has read, understood and accepted the Terms of Use.

 

The Platform is accessible from any computer tool (computer, smartphone, tablet, etc.) and on all browsers.

 

 

THE SERVICE

 

The Platform is accessible at all times. The Platform may be temporarily unavailable in case of updates or technical problems. 5Sim is not responsible for any interruption of service or updating. 5Sim will try to make the updates when the affluence of visits on the Platform is at its lowest.

 

5Sim does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

5Sim reserves the right to add, delete and modify all content, or parts of it, on the Platform, except for the specific content of the User. 5Sim cannot be held responsible for mistakes, typographical errors or bugs. Each User created in the system owns the content on his account. 5Sim does not delete anything unless a User requests it.

 

The User agrees, non-restrictively, to not:

 

• Use the Platform in a way that could harm, put out of service, surcharge or jeopardize the Platform; 

• Disrupt the security or otherwise abuse the Platform or any service, system’s resources, server or network linked to the Platform or to websites affiliated, linked to or accessible from the Platform; 

• Disturb or disrupt the use or the enjoyment by other Users of the Platform or websites affiliated or linked to the Platform; 

• Upload, display or otherwise provide on the Platform a virus or any other file or computer program that is harmful, disrupting or destructive; 

• Use a robot, spider or any other automatic device or manual method to control or copy pages or content of the Platform; 

• Use the Platform to send e-mail chains, «junk mail» or any other type of unsolicited mass e-mail; and 

• Attempt to obtain unauthorized access to the Platform or to certain parts of the Platform with limited access. Moreover, the User recognizes that he is the sole person responsible for any action, communication engaged or sent to him or from him. The User agrees to respect the legislation applicable to its use of and its activities on the Platform.

 

 

INTELLECTUAL PROPERTY

 

All intellectual property rights (trademarks, copyrights, etc.) (hereinafter the “Intellectual Property” related to the Platform are the exclusive property of 5Sim. The User may not copy or use the material, structure, menu, appearance or characters that appear on the Platform without the express consent of 5Sim.

 

Certain names, words, titles, expressions, logos, icons, graphs, drawings, domain names or other content displayed on the Platform may, among other things, be trademarks or commercial designations, whether registered or unregistered (for the purpose of the following Terms of Use, they are all referred to as “Trademarks”). These Trademarks are protected by Canadian and foreign laws applicable to trademarks and are, as the case may be, the exclusive property of 5Sim.

 

Without limiting their coverage, the Intellectual Property elements belonging to 5Sim include, non-exhaustively, the following elements:

 

• All logos, drawings, graphs, marks (registered or not), symbols, texts, expressions, words as well as the general content on the Platform;

• All databases made available by the Platform; and

• All the content offered by the Platform for free download.

 

Any information provided on the Platform belongs to 5Sim and is protected by the applicable laws. Except when provided otherwise, the information cannot be copied, displayed, distributed, downloaded, used without a license, modified, published, reproduced, reused, sold, transmitted or used for derivative work means, public or commercial, without 5Sim’s express and written authorization. The information is protected under Canada’s copyright and trademark legislation as well as under the copyright and trademark legislation of the countries hosting the Platform.

 

 

For further information regarding the authorization to use, reproduce or publish again any information displayed on the Platform, please contact 5Sim at the following e-mail address: five@fivesim.com.

 

Nothing contained herein shall be interpreted as conferring any license or any kind of right to the User under copyright or trademarks laws.

 

Unauthorized download, broadcast, copy or modification of Intellectual Property or data contained in the Platform can breach laws regarding trademarks or copyrights. Such breach can expose the User to a lawsuit.

 

The import, creation, submission or storage of content by the User grants 5Sim a non-exclusive license worldwide, free of charge, transferable, and sub-licensable. This license authorizes 5Sim to host, use, modify, reproduce, publish, publicly perform, create derivative works, or distribute the User’s content. Under this license, 5Sim may only use the User’s content for the purpose of operating, promoting or improving its services. If the User wishes to terminate this license, he simply has to delete his account. However, the content the User has shared will always be visible to other users: he can request its removal, with some reservations, from the contact person, who he can contact at: five@fivesim.com

 

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EXTERNAL LINKS

 

It is possible that by using a link, the User exits the Platform to access external content (hereinafter referred to as “External Links”). In addition to its own content, 5Sim provides on its Platform links to other websites only for user-friendly and informative purposes. 5Sim has no control over the content of those websites and is not responsible for their accuracy, precision, comprehensiveness, authenticity, actuality or adequacy. 5Sim is also not responsible for any direct or indirect damage or consequence regarding content in these External Links. 5Sim has no influence on the content to which the External Links refer and is not responsible for it. 5Sim does not require the transmission of information, does not select nor modify the information transmitted and does not select the recipients of the information transmitted. Furthermore, under links’ creation and consultation method in effect, 5Sim does not subject the External Links to any intermediary short-term automatic safeguard. Consequently, the owners of the websites accessible from the External Links remain responsible for their content.

 

Furthermore, 5Sim does not guarantee the absence of copyright, trademark or any other rights violations by those websites or their content. 5Sim does not guarantee the absence of virus or any other harmful composites on those websites or on their content.

 

5Sim also does not guarantee the accuracy of documents available on the Internet.

 

 

SOCIAL MEDIA

 

The following conditions are applicable when the User accesses a social media page, an account, a website, network or any application contained in them that was created and is managed by a social media (hereinafter individually and collectively referred to as “Social Media” ).

 

General statement

 

By using Social Media pages and by submitting a comment, a picture, a video or any other element, the User (as well as his parent/legal guardian if he has not reached the age of majority according to his territory or province of residence) agrees to be bound by and to obey the present Terms of Use, 5Sim’s privacy policy as well as Social Media providers’ terms and conditions, if any. The User agrees, however, that 5Sim may copy, edit, publish, translate and distribute the User’s commentaries, photos, videos or any other element published on Social Media, and this without any counterpart.

 

Terms of use of Social Media

 

Some comments and other elements displayed on Social Media pages may not represent 5Sim’s opinions. Consequently, the User agrees not to publish or submit information, publications, links or any other element that fit in either one of the categories listed below on Social Media pages:

 

• any content whose nature is defamatory, offensive, obscene, misleading, illegal or that otherwise violates the rights of others (including privacy rights) in any other way;

• any advertising content;

• promotional documents or any other form of undesired solicitation;

• any content whose origin or source is falsified;

• any financial or personal information about the User or anyone else; and

• any information that would judge to be a breach of its Terms of Use.

 

Any information, message, link or item that, according to 5Sim, enters in either one of the categories listed above will be deleted without holding 5Sim liable in any way.

 

In addition, 5Sim does not assume responsibility for filtering messages posted on Social Media.

 

5Sim is not liable for entities detaining or exploiting Social Media, particularly for any loss, direct or indirect damage deriving from any measure or decision taken by the User or anyone else regarding the use of Social Media.

 

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DISCLAIMER, EXCLUSION OF WARRANTY AND INDEMNITY

 

5Sim does not guarantee the accuracy, completeness, quality, suitability or content of the information on its Platform. This information is provided "as is", without warranty or condition of any kind, unless otherwise stated in jurisdictions that do not allow the exclusion of implied warranties.

 

5Sim is not responsible for the content posted on the Platform by the User and for any damage that may result. Each User is responsible for the content it exchanges on the Platform and may not use the Platform for purposes contrary to the laws applicable in Quebec and Canada.

 

When the User is a consumer under the Consumer Protection Act, the Consumer Protection Act does not allow for the exclusion of warranties and 5Sim's disclaimer of liability for certain damages. In this case, the User has additional rights and is not subject to the limitations mentioned below.

 

5Sim shall not be liable for any direct, indirect, special, incidental or consequential damages, or any other damages whatsoever, including loss of income, profits or anticipated economic benefits from the use or inability to use the Platform, the information, documents and software contained therein, with their content, even if 5Sim has been warned of the possibility of such damages or even if such damages may be reasonably foreseen.

 

The User will indemnify 5Sim, and, as the case may be, its directors and officers, shareholders, partners, employees, agents and other stakeholders of 5Sim, and release them from all liability for any and all claims, liabilities, losses and fees (including legal fees) attributable to the use of the Platform and/or the violation of these Terms of Use, whether this infringement is on the User’s behalf or any other third-party user of his account.

 

The User may not use or export the information nor any copy or adaptation of the information in contravention of applicable laws or regulations.

 

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AMENDMENTS TO THESE TERMS

 

We occasionally update these Terms. Continued use of this Platform constitutes the User’s agreement to these Terms and to its updates.

 

5Sim reserves the right to modify or supplement these Terms at any time, at its sole discretion and without notice.

 

If the User objects to any changes to these Terms, he must cease all use of the Platform. 5Sim will attempt, as much as possible, to inform Users of any changes to this Policy, However, it is the User’s responsibility to review it regularly to be informed of any changes that may be made.

However, 5Sim will notify prior to the effective date of the amendment to the current Terms. 5Sim will notify the User by sending an email informing the User that it has published the details of the changes on its website. If the User does not accept these changes and no longer wishes to use the Platform, the User must cease all use of the Platform.

 

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CONTACT PERSON

 

If the User has any questions or comments regarding any content of the Platform, he can contact us at five@fivesim.com.

 

Last update done November 12th, 2020.