Terms of use

Last update: January 24, 2024

TERMS OF USE OF DAA BRANDS COMPANY

1.   INTRODUCTION AND SCOPE
These Terms of Use (the “Terms of Use”) and the DAAB Privacy and Cookies Policy https://www.daabrands.com/policies/terms-of-use (the “Policy”) are a legal agreement between you (“you” or the “Visitor”) and DAA BRANDS COMPANY (“DAAB,” “us” or “our”) which governs your use of our website via www.daabrands.com and its subdomains (collectively the “Website”).

PLEASE CAREFULLY READ ALL OF THE TERMS OF USE BEFORE BROWSING THE WEBSITE.

2.   ACCEPTANCE OF TERMS OF USE

By accessing and browsing the Website, you accept and agree to be bound by and comply with these Terms of Use and our Policy, which are integrated hereto by reference. You must not access or use the Website if you do not want to be bound by these Terms of Use.

If you accept these Terms of Use on behalf of a legal entity, such as a corporation, a partnership, etc. (hereinafter the “Organization”) you represent and warrant that you have the power and authority to bind this Organization so it will comply with these Terms of Use and the Policy. If you do not have the power and authority to act on behalf of the Organization and to bind it, you must not access or use the Website. You may not access or use the Website if you are under the age of 21 years old.

By using the Website, you represent and warrant that you have the legal age under applicable law to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

3.   VISITORS AND THEIR RIGHTS AND LICENSES

A “Visitor” is any person who browses the Website.

Subject to these Terms of Use, DAAB hereby grants to the Visitors for the duration of these Terms of Use, the rights, access and browsing license to and on the Website and the use of its functionalities on the basis of the content which they may access for their personal use. Visitors have access to information content.

4.   INTELLECTUAL PROPERTY AND OWNERSHIP

You understand and agree that the Website and all of its content, its features and functionalities, namely but not restrictively, all information, software, codes, texts, displays, graphic representations, photographs, video, audio, design, presentation, selection and arrangement are the property of DAAB, its licensors, or other suppliers of this material and all of the preceding is protected in all ways possible by intellectual property legislation, including, without restriction, copyright, trade-marks, patents, trade secrets and other property rights.

The names DAAB, DAA Brands, DAAB’s logo and all names, logos, names of products and services, sketches, images and slogans related thereto are or may be registered or unregistered trademarks of DAAB or its licensors and are protected under applicable copyrights, trademarks and other proprietary Canadian laws (including but not limited to intellectual property legislation). You are prohibited from using these trademarks without the prior written permission from DAAB. The other names, logos, names of products and services, sketches, images and slogans mentioned or which are used on the Website are trade-marks belonging to their respective owners. Absent specific authorization, the use of this property is an offence or an infringement of the right of ownership, may also be an infringement of federal legislation or of other laws for which the offender is subject to judicial prosecution.

You may use the Website only for your personal use or the one of your Organization, pursuant to the rights and license granted in Section 3. You shall not, directly or indirectly, reproduce, collate for an in-house database, distribute, modify, create derivative works, publicly show, publicly display, republish, download, archive or transmit any material on our Website in any shape, form and on any media whatsoever, except for the following:

• Your computer and your browser may temporarily store or cache copies of documents consulted and viewed;
• A reasonable number of copies strictly for personal use may be printed, mentioning ownership and said copies may be used only for personal or legal purposes and not for subsequent reproduction, publication or distribution in any form whatsoever and on any medium; and 
• In cases in which social media platforms are linked to certain content on our Website, you may apply the measures permitted by our Website and these social media platforms.

You are not authorized to modify the copies of any material on this Website, or to delete or modify any copyright, trademark or other notices of property rights of the copies of the Website’s material. You shall not access or use any portion of the Website or any service or material available through the Website to commercialize it.

If you print, copy or download part of our Website by infringing these Terms of Use, your right to use the Website shall immediately cease and you shall, at our option, return to us or destroy any copy of the documents you made. You have no right, title to or interest in the Website or on any of its contents and all rights not specifically granted are reserved by DAAB. Any use of the Website that is not specifically authorized hereunder is a breach of these Terms of Use and can infringe copyright, trademarks and other intellectual property legislation.

5.   SUBMISSIONS AND FEEDBACK

The Website offers functionality which allows you to contact DAAB and may offer a dialog box, which may allow the Visitor to provide us with comments, suggestions or any other kind of feedback (hereafter the “Comments”) regarding the products and services sold, advertised or displayed on DAAB’s Website. Any Comments you provide regarding DAAB, its products and services or the Website is entirely voluntary, and we reserve the right to use or not the Comments without any obligation towards you.

You understand and agree that you do not own any rights, title or interest in the Comments submitted to DAAB through its Website and that none of the Comments submitted will be subject to any confidentiality by DAAB. You further agree that DAAB shall be the sole owner of any rights, title or interest in any copyright, trademarks, patent, industrial design, trade secret or any other intellectual property right as defined and understood in Canada or any other jurisdiction, even if no Comments are implemented in DAAB’s products or services. By using the Website and as a condition of submitting any Comments on the Website, you waive, for the benefit of DAAB, any and all moral rights or other rights of authorship you may have in the Comments for the duration or such rights.

6.   YOUR OBLIGATIONS

By using this Website, and without restricting the general nature of what is otherwise stipulated in the Terms of Use, you agree: (i) to comply with all applicable laws, including without restrictions, protection of privacy legislation and legislation protecting intellectual property; (ii) to supply us with accurate information and to keep it up to date; and (iii) to use the Website responsibly and reasonably. In addition, you agree not to:

7.   CONFIDENTIALITY

By submitting your personal information and by using our Website, you agree to the collection, use, reproduction, hosting, transmission and disclosure of the submitted personal information in compliance with our Privacy and Cookies Policy. https://www.daabrands.com/policies/privacy-policy

8.   THIRD PARTY WEBSITES

For your convenience, the Website may post links to third party websites. We make no representations and give no warranties regarding other websites which may be accessed from our Website. If you choose to access these websites, you do so at your own risk, you acknowledge and agree that we have no control over the content of these third-party websites and that DAAB is not responsible or liable for the availability or accuracy of these third party websites or for any loss or damage which may result from your use of these sites. You understand that you have the responsibility of reviewing the general terms of use and privacy policies of these third-party websites.

These links to third party websites from our Website may include links to certain functions of social media that allow you to personally connect, publish or transmit, or by using certain third-party websites, some Website content. You may use these functions only when we supply them and only regarding the identified content.

You may post a link to our homepage, provided you do so fairly and legally, not prejudice our reputation or make any form of profit from it. You must not post a link to suggest a type of association, approval or support with or by us when none exists. Our Website must not be presented on another website, and you cannot post a link to part of our Website other than the homepage. We reserve the right without giving prior notice to withdraw the authorization to create a link. The website in which you create or post a link must comply with the Terms of Use in all respects. You agree to cooperate with us to obtain the immediate cessation of any unauthorized justification or link.

9.   LIABILITY

Our Website content is supplied strictly as general information. Its purpose is not to give advice on which you should or could rely. Before undertaking or refraining from undertaking any initiative on the basis of the content of our Website, you must obtain more specific or professional advice.

ALTHOUGH WE MAKE REASONABLE EFFORTS TO UPDATE THE INFORMATION ON OUR WEBSITE, WE MAKE NO REPRESENTATIONS, GIVE NO WARRANTY OR ASSURANCE, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT OF OUR WEBSITE IS ACCURATE, COMPLETE OR UP TO DATE. YOU USE OUR WEBSITE AT YOUR OWN RISK AND NEITHER DAAB, ITS PARENT CORPORATION, ITS RESPECTIVE AFFILIATES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE SUPPLIERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS NOR SUCCESSORS SHALL ENTAIL ANY LIABILITY OR OBLIGATION RESULTING FROM YOUR USE OF THIS WEBSITE.

THE WEBSITE INCLUDES CONTENT SUPPLIED BY THIRD PARTIES, INCLUDING OTHER VISITORS AND THIRD-PARTY LICENSORS. ALL STATEMENTS MADE AND/OR OPINIONS GIVEN WITHIN SUCH THIRD-PARTY CONTENT, OTHER THAN THE CONTENT SUPPLIED BY DAAB, ARE STRICTLY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR THE ENTITY SUPPLYING SAID CONTENT. THIS CONTENT IS NOT NECESSARILY DAAB’S OPINION. NEITHER DAAB, ITS PARENT CORPORATION, ITS RESPECTIVE AFFILIATES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE SUPPLIERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS NOR SUCCESSORS SHALL ENTAIL ANY LIABILITY OR OBLIGATION TO YOU OR TO A THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY THIRD-PARTY CONTENT.

10.   ANTI-SPAM LEGISLATION

Pursuant to Canada’s Anti-Spam Law (S.C. 2010, c. 23), we require your consent for your email address to be used to provide you with information for promotional or marketing purposes. At any time, you can opt-out or adjust your communications preferences from us by clicking on the unsubscribe link at the bottom of our emails https://www.daabrands.com/pages/contact-us. We may still contact you for product safety updates.

11.   GEOGRAPHICAL RESTRICTIONS

DAAB is based in the province of Quebec, Canada. This Website is not to be used in any jurisdiction where its use is not authorized. If you access the Website from outside of Canada, you do so at your own risk and you are responsible for complying with local legislation in your jurisdiction.

12.   EXCLUSION OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT AND OF ANY SERVICE OR CONTENT FOUND OR OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ALL SERVICES OR ELEMENTS FOUND OR OBTAINED THROUGH THE WEBSITE ARE SUPPLIED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, INCLUDING WITHOUT ANY RESTRICTIONS, IMPLICIT WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WHAT PRECEDES SHALL NOT AFFECT THE WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER DAAB, NOR ITS PARENT CORPORATION, THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE SUPPLIERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS NOR RESPECTIVE SUCCESSORS (AN “EXONERATED PARTY”) GIVE(S) ANY WARRANTY, MAKE(S) ANY REPRESENTATION OR GIVE(S) ANY APPROVAL ABOUT THE COMPREHENSIVENESS, QUALITY, SECURITY, RELIABILITY, RELEVANCY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR OF ITS CONTENTS, NOR REGARDING THE RESULTS WHICH MAY BE OBTAINED BY THE WEBSITE. WITHOUT RESTRICTING WHAT PRECEDES, NO EXONERATED PARTY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICE OR ELEMENT FOUND OR OBTAINED THROUGH THE WEBSITE IS ACCURATE, RELIABLE, FREE OF ERRORS OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER WHICH HOSTS IT ARE FREE OF VIRUSES OR OTHER HARMFUL CONTENT.

WE CANNOT AND WE DO NOT WARRANT THAT THE FILES OR DATA AVAILABLE FOR DOWNLOADING ON THE INTERNET OR ON THE WEBSITE ARE FREE OF VIRUSES OR OTHER MALICIOUS CODES. YOU ALONE ARE ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND FOR THE SECURITY OF YOUR COMPUTER, OF THE INTERNET AND OF YOUR DATA. TO THE EXTENT PROVIDED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL OF SERVICE ATTACK, A DISTRIBUTED DENIAL OF SERVICE ATTACK, OVERLOAD, FLOODING, BOMBING OR ANY ELECTRONIC COMMUNICATION OR A CRASH, VIRUSES, TROJAN HORSES, WORMS, LOGICAL BOMBS OR ANY OTHER TECHNOLOGICALLY HARMFUL MATERIAL OR WHICH COULD INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR ANY OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR BECAUSE OF ANY SERVICE OR ELEMENT FOUND OR OBTAINED THROUGH THE WEBSITE OR FROM THE DOWNLOADING OF ANYTHING POSTED ON IT OR FROM ANY SERVICE LINKED TO IT.

13.   LIMITED LIABILITY

EXCEPT WHEN SUCH EXCLUSIONS ARE PROHIBITED BY LAW, NAMELY UNDER THE CONSUMER PROTECTION ACT, WHEN YOU ARE A QUEBEC CONSUMER, IN NO CASE WILL AN EXONERATED PARTY BE LIABLE FOR NEGLIGENCE, GROSS FAULT, FOR A NEGLIGENT FALSE STATEMENT, A FUNDAMENTAL BREACH, FOR ANY TYPE OF DAMAGES UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, ACCESSORY, CONSECUTIVE OR PUNITIVE DAMAGES, INCLUDING WITHOUT RESTRICTION, BODILY INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF INCOME, LOSS OF PROFITS, ANTICIPATED LOSS OF ACTIVITIES OR SAVINGS, LOSS OF USE, LOSS OF CLIENTELE, LOSS OF DATA, WHETHER CAUSED BY CIVIL DELICTUAL LIABILITY (TORT) (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, INFRINGEMENT OF PRIVACY OR OTHER, EVEN IF THE PARTY WAS ALLEGEDLY INFORMED OR HAD REASON TO KNOW, RESULTING FROM OR IN CONNECTION WITH YOUR USE OR THE INABILITY TO USE THE WEBSITE OR HAVING CONFIDENCE IN THE WEBSITE, OR IN ANY RELATED WEBSITE OR THIRD PARTY WEBSITE, AS WELL AS ANY CONTENT, MATERIAL, DISPLAY, OR INFORMATION ON THE WEBSITE, EVEN IF THE PARTY WAS ALLEGEDLY INFORMED OR HAD REASONS TO KNOW.

NOTWITHSTANDING THE PRECEDING PARAGRAPHS, IF DAAB IS HELD TO BE LIABLE, OUR LIABILITY TO YOU OR TO A THIRD PARTY IS LIMITED TO $20, EXCEPT IF SUCH A LIMIT IS PROHIBITED BY LAW, NAMELY UNDER THE CONSUMER PROTECTION ACT.

14.   INDEMNITY

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless an Exonerated Party for any claim, liability, damages, interest, judgments, rulings, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) resulting from or caused by your infringement of these Terms of Use or from your use of the Website, namely but not restrictively, third party websites, any use of content, services and products of or from the Website other than what is specifically authorized under the Terms of Use.

15.   APPLICABLE LAW AND JURISDICTION

The Website and these Terms of Use shall be governed under and interpreted in compliance with the applicable laws of the province of Quebec and Canada, without taking into consideration the principles of conflict of laws and notwithstanding your domicile, your residence or your physical location.

Any legal proceedings or procedures resulting from this Website or concerning it and/or these Terms of Use shall be undertaken before the courts of the province of Quebec, in the judicial district of Terrebonne and/or in the Federal Court of Canada and each party irrevocably submits to the exclusive jurisdiction of these courts for any such type of proceedings or procedure. You waive any objection to the exercise of jurisdiction over you by these courts and to their jurisdiction.

16.   UPDATING AND AMENDMENTS

16.1.   Applicable Version

The Terms of Use are in force on the date mentioned in the beginning of said Terms of Use and they replace any prior version. A history of the versions of these Terms of Use may be obtained on request from Customer Service https://www.daabrands.com/pages/contact-us. The version of these Terms of Use is the one that was in force at the point in time in question.

16.2.   Amendments to the Terms of Use

Our Website is in constant evolution and accordingly, these Terms of Use may be amended by DAAB from time to time at its entire discretion. When we make any amendments, we shall publish them on this page for some time, as well as provide a notice on the Website homepage stating that these Terms of Use were amended. If these amendments legally require your consent, we shall also inform you by email if we have your email address. By continuing to access or use the Website, you accept the modifications of the Terms of Use and to be bound by their revised version.

17.   NOTICES, COMPLAINTS AND COMMUNICATIONS

The Website is operated by DAA Brands Company. Any notice which must or may be given under these Terms of Use, as well as any requests for technical support, and other communications relating to the Website must be in writing and will be considered as having been validly given if it is sent by email or by registered mail to the following addresses:

Customer Service – DAA BRANDS COMPANY
1090-1092, Des Forges Street,
Terrebonne, Quebec J6Y 0P6
Canada
Email: contact@daabrands.com

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