TERMS OF USE

These Terms of Use and the Privacy Policy posted on our Website (collectively, our “Policies“) set out the terms on which we offer you access to and use of our Website, small ads publication services, applications and related tools (collectively “Services“).

TERMS OF USE

Last updated on April 29th, 2019

Welcome to  https://pierrette-paulette.com/  (“Pierrette & Paulette” or “Website“). These Terms of Use and the Privacy Policy posted on our Website (collectively, our “Policies“) set out the terms on which we offer you access to and use of our Website, small ads publication services, applications and related tools (collectively “Services“). You can find our Privacy Policy here. PLEASE READ OUR POLICIES ATTENTIVELY before navigating the Website. You are bound by these Policies which become applicable as soon as you use one of the Website features. IF YOU DO NOT WISH TO ACCEPT THESE POLICIES, PLEASE DISCONTINUE ALL USE OF OUR SERVICES. You agree to comply with all the above when accessing or using our Services.

Pierrette & Paulette is provided to you by Pierrette & Paulette Inc.

Solely as an intermediary, Pierrette & Paulette offers online small ad-listing services to allow people over 50 years of age the chance to look for (a) roommate(s), to relieve loneliness and make up for expensive rent.

Eligibility. To access our Website and use the Services, you must comply with the following:

  1. Provide information that is at all times accurate, current and complete;
  2. Be at least 18 years of age;
  3. Not use the Services on behalf of an individual other than yourself, unless authorized to do so in writing by the holder of the Account, as defined hereinafter;
  4. Not use anyone else’s Account and password or attempt to access another person’s Account; and
  5. Provide the personal and other information deemed necessary by Pierrette & Paulette for the provision of the Services.

Your Account. In order to use our ad-posting Services, you are required to register with us and set up an account with your first and last names, your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess.

You may connect to the Services with a third-party service and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. 

If you believe your Account may have been compromised or misused, contact us immediately at Pierrette & Paulette customer support.

Using the Services. You must specify the type of dwelling and geographical area associated with your posts and will not do any of the following inappropriate misconducts:

  1. Breach any applicable laws;
  2. Be false or misleading;
  3. Post adult content (including but not limited to pornography, nude photos, videos, articles or erotic products) or content otherwise offensive or obscene;
  4. Post content including vulgar, malicious, hateful, racist, xenophobe, homophobe or sexist words or language disgraceful towards ethnic origins and/or religious affiliations;
  5. Infringe any third-party right;
  6. Distribute or contain spam, chain letters, or pyramid schemes;
  7. Distribute viruses or any other technologies that may harm Pierrette & Paulette or the interests or property of Pierrette & Paulette users;
  8. Impose an unreasonable load on our infrastructure or interfere with the proper working of Pierrette & Paulette;
  9. Copy, modify, or distribute any other person’s content;
  10. Use any robot, spider, scraper or other automated means to access Pierrette & Paulette and collect content for any purpose without our express written permission;
  11. Harvest or otherwise collect information about others, including email addresses, without their consent;
  12. Bypass measures used to prevent or restrict access to Pierrette & Paulette;
  13. Use Pierrette & Paulette messaging to advertise, sell or otherwise solicit for goods or services other than provided by our Services.

Publishing advertisements. The Website offers features that allow you to post and submit text photos, and other content viewable by other users of the Website (“Published Content”). Posting your content implies the following:

  1. You grant Pierrette & Paulette an unlimited, irrevocable, non-exclusive, perpetual and royalty-free, worldwide license to use, reproduce, store, adapt, translate, modify, transmit and distribute your Published Content for the purposes of providing the Services or and other service you may require be it directly or through Pierrette & Paulette’s partners.
  2. You agree to waive all moral rights with respect to your Published Content.
  3. You consent to have your name and your contact information be associated to your Published Content, where applicable, and you agree to the disclosure and/or display of this information.
  4. You agree that the Published Content entered for display on the Website will be considered non-confidential.

In addition, you guarantee to Pierrette & Paulette the following:

  1. That your Published Content is original and does not violate any intellectual property right, including in particular a third-party’s copyright;
  2. That you are the sole owner of all intellectual property rights in your Published Content, including copyright in particular, and that, where applicable, you have obtained written permission from the owner to submit your Published Content;
  3. Your listing will not be able to offer any goods or services other than what is allowed by our Policies.

In no event will Pierrette & Paulette be held liable for any dispute resulting from the use and/or publication of your Published Content. Any ad deemed inappropriate may be withdrawn without notice or compensation.

Abusing Pierrette & Paulette Services. Please contact our customer service to tell us about any problems or offensive content so that together we can keep the Services working properly. Your Account remains the property of Pierrette & Paulette and may be cancelled or suspended at any time without notice in the event of default or risk to the integrity of the Website, and without incurring any liability for Pierrette & Paulette toward you or any other person. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off Pierrette & Paulette if we think that they are creating problems or acting inconsistently with the letter or spirit of our Policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Pierrette & Paulette or not, we do not accept any liability for monitoring Pierrette & Paulette or for unauthorized or unlawful content on Pierrette & Paulette or use of Pierrette & Paulette by users.

Moderation. Pierrette & Paulette reserves the right to remove any ad that does not comply with our Policies and/or that may be violating any third-party rights, without any notice or compensation of any kind and no reimbursement shall be paid as a consequence.

Fees and Services. Using the Website to browse listed ads is free of charge. We may charge fees for certain Services and additional options that you are free to elect. If the service you use charges an additional fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the Website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit your ability to use the Services.

Canadian taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary for Pierrette & Paulette to comply with its obligations under applicable law.

While many features of the Services are available across the Pierrette & Paulette Website and their associated mobile applications, some features and functionality may vary depending on which website and/or which mobile device you use to access the Services.

Disclaimers and Limitations of Liability. The Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do during and after using the Services. Pierrette & Paulette is only acting as an intermediary connecting its users. We therefore do not guarantee that you will be able to find a roommate from the use of our Services.

You also agree not to hold us responsible for the payment processing of other service providers such as Stripe (each a “Third Party Payment Processor”). For greater certainty, as applicable, if you link a Third Party Payment Processor account to your Pierrette & Paulette Account, you acknowledge and agree that by making payments through Pierrette & Paulette with that Third Party Payment Processor, you are bound by that Third Party Payment Processor’s applicable terms and conditions, and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services).

The Good Roommate Relationship Guide that may be provided to you by Pierrette & Paulette is non-binding and purely advisory.

As most of the stuff on the Services comes from other users, we do not guarantee the accuracy, completeness, efficacy or timeliness of any postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. 

Email notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute.

We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Pierrette & Paulette, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of:

  1. The total fees you paid to us in the 12 months prior to the action giving rise to liability, or
  2. 100 Canadian Dollars.

Indemnification. You will indemnify and hold harmless Pierrette & Paulette and our officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. 

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

Assignment. Pierrette & Paulette may assign all or part of its rights and/or obligations under these Terms of Use to any third party at its discretion.

Personal Information. By using our Services, you agree to the collection, transfer, storage and use of your personal information by Pierrette & Paulette Inc. on servers located in Canada as further described in our Privacy policy.

General. These Terms of Use and our Privacy Policy posted on our Website the Services constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of the Province of Québec and the federal laws of Canada applicable therein. We both submit to the jurisdiction of the courts of the Province of Québec. 

If we don’t enforce any particular provision, we are not waiving our right to do so later. 

If a court strikes down any of these terms, the remaining terms will survive. 

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered email to: privacyofficer@pierrette-paulette.com 

We will send notices to you via the email address you provided. 

We may update this agreement at any time, with updates taking effect when you next use the Website or after 30 days, whichever is sooner.

Send questions, comments or complaints to Pierrette & Paulette customer support.