Otogo welcomes you to its website. We suggest you read carefully the present terms of use (hereafter, the “Terms of Use”) before browsing our website. By using Otogo’s website, you acknowledge and accept these Terms of Use, as well as the terms and conditions set out in Otogo’s privacy policy (hereafter, the “Policy”).

These Terms of Use and the Policy create legal obligations that bind you towards Otogo (collectively, the “Agreement”). The Agreement is in effect for an indefinite period of time and begins the moment you access our website. We reserve the right to modify these Terms of Use and/or the Policy, at our sole discretion and without prior notice.

If you do not agree with these Terms of Use and the Policy, please do not navigate on our website, or view its content. It is your responsibility to review regularly these Terms of Use and the Policy.

General Comments

We offer no guarantee concerning the maintenance of the website. We reserve the right to interrupt it at any time, at our sole discretion and without prior notice. We assume no liability for any damages or inconveniences which could be caused by the closure or interruption of Otogo’s website.

Use of Otogo’s website

You may post on Otogo’s website, subject to the restrictions and limitations that apply specifically to an element of the website, make an electronic copy, download and print on paper certain parts of the various areas of Otogo’s website, only for your own personal use and not for any commercial purposes.

Any form of harassment on Otogo’s website or on any of our interactive services, including the use of obscene or abusive language in the chat areas or in the electronic emails exchanged with Otago’s customer service, is prohibited. Usurping another person’s name or identity, including that of our employees, representatives, or other members or visitors of Otogo’s website, is prohibited. You may not upload to this website, disseminate, share, transmit or otherwise publish on the website documents or messages which are defamatory, obscene, threatening or abusive, likely to infringe on or harm another person’s privacy, integrity or reputation or which would be otherwise inadmissible or could constitute a violation of the law, or encourage the commission of such actions. In addition, you may not upload to Otogo’s website messages of a commercial nature or use the website to invite others to subscribe to another online commercial service or to another entity.

Without limiting the foregoing, you are expressly prohibited from: (a) creating a website or a mobile application co-branded with Otogo’s website or reproducing, in whole or in part, Otogo’s website, (b) granting a licence or reselling any data obtained from Otogo’s website, (c) using or allowing a third party to use any data obtained from Otogo’s website, (d) using any data obtained in order to provide, yourself personally or through a third party, a service or product not authorized by the present Terms of Use, or (e) disassembling, decompiling, reverse engineering, altering or otherwise modifying any data obtained without our authorization, which said authorization may be refused at our sole discretion.

Trademarks and copyrights

The entire content of the website, including, notably, the texts, designs, graphics, interfaces, as well as the code and choice of content and its arrangement (the “Content”), belongs to us or to the holder identified, and is protected by copyright laws. It is strictly forbidden to copy, reproduce, publish, distribute, transmit or use the Content in any manner whatsoever without our prior written consent.

In addition, all trademarks, registered or not, and all trade names (the “Marks”), contained on the website belong to us or to the respective holder who validly granted us the right and the authorization to use them.

Netiquette. In order to ensure that the browsing experience on the website is as enjoyable as possible for all, the use of the website’s online communication services must comply at all times with the present Terms of Use. Any action you take while participating in forums, discussion areas and, more generally, on any page of the website where you can leave comments, express yourself, contribute and enrich the content posted with your own elements, in particular with any comment, note, data, addition, animation, article, publication, text, link, hyperlink, hypertext, photograph, image, file, video, music, audio and/or video elements, webcast and, more generally, with any information or content generated by you in any form whatsoever (hereafter, the “Contribution”), must comply at all times with the Terms of Use.

Communications and assignment

If you send us notes or messages or if you propose ideas, make suggestions, present concepts or submit other messages to us using Otogo’s website, in so doing you assign to us all your rights regarding same and renounce any moral rights attached thereto for the duration of the right, in perpetuity, irrevocably, everywhere in the world. Accordingly, you give us the right to publish them, in any form whatsoever, including, notably, for promotional and advertising purposes.

Links to other sites

We wish to offer an enhanced value to our visitors and users. Accordingly, we may offer you links to other Internet sites owned and operated by third parties. Since we have no affiliation with these third parties, we hereby inform you that we have no control over such linked sites, including with regards to the policies concerning data collection and privacy protection, which are separate and independent from ours. Accordingly, we cannot be held liable and offer no guarantees of any type whatsoever regarding the accuracy, currency or completeness of the information contained on such third party Internet sites.

The inclusion of any link on our website does not imply that we sponsor such trademarks, trade names, service marks, designs, logos, symbols or any other element protected by copyright displayed on this site or accessible through this site, or that we approve same, are affiliated or associated therewith, or are legally authorized to use them.

However, we invite you to send us any comments you may have concerning the links added on our website, by contacting Otogo’s customer service by email at support@otogo.ca.

Confidentiality

The information we occasionally collect about you or in connection with the use of our website is governed by these Terms of Use and the Policy.

You are responsible for maintaining the confidentiality of your account and of the password associated therewith. We cannot be held liable for any unauthorized use of your account and you accept any and all liability associated with any actions taken with your password. You will be entirely and exclusively responsible for all activities taking place in your account. Accordingly, you must protect your password and make it difficult for anyone to guess. If applicable, you agree to assume responsibility for all transactions made in your account using your password.

If the confidentiality of such information become compromised, please notify our customer service as soon as possible in order to avoid a potential fraudulent use of your identity. We will not be held liable for any loss or damages resulting, among other things, from non-compliance to the safety measures set out in the present Terms of Use.

Disclaimer and limitation of liability

Although we do what is commercially reasonable in order to keep the information appearing on our website up to date and accurate, errors and omissions may occur. We make no representations or warranties regarding the accuracy or completeness of the website’s content or of the content of any other Internet site or external site.

Otogo’s website, the interactive services and their Content, as well as the information, services and products accessible therewith or listed thereon, including, notably, the texts, graphics and links, are provided “as is”, without any warranties, express or implied. To the extent permitted by the applicable laws, we disclaim any and all warranties, express or implied, including, notably, any implied warranties of merchantability or fitness, of non-infringement and freedom from computer virus, as well as any warranties arising from a course of dealing or course of performance. We do not represent or warrant that the functions contained on Otogo’s website will remain in effect or be free from errors or defects. We make no representations or warranties regarding the use of any component of Otogo’s website.

In any event, we cannot be held liable for any direct, indirect, special or punitive damages or for any financial losses, even if we were informed beforehand of the possibility that same may be demanded, as part of a recourse based on contractual, extra contractual or civil liability, or on any other legal theory resulting from or in connection with the use, the inability to use or the performance of services or products offered and of information or messages posted on Otogo’s website. This limitation of liability clause applies notwithstanding the failure of any limited remedy available at law.

Governing law

The present Terms of Use are governed by the law applicable in the province of Québec, and any dispute must be submitted to the courts having jurisdiction in the province of Québec, district of Montreal. If any provision of these Terms of Use is held to be invalid by a court of competent jurisdiction, the effect of such determination will not be to invalidate all the other provisions, and the invalid provision will be severed from the other provisions of these Terms of Use, which will remain in effect.

If you suffer any prejudice or disagree, in any manner whatsoever, with the provisions of these Terms of Use, your only recourse is to leave and/or stop using Otogo’s website.

Last updated: August 16, 2021