Website terms
1. Use of this website
This website is owned by Tristan Fleet Management Inc. (hereinafter " Tristan"), and is operated for your personal non-commercial use and information. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.
2. Privacy
Our privacy practices are explained in our Privacy Policy, which also governs your visit to this website. Your continued use of this website implies that you acknowledge that you have read our Privacy Policy and agree to be bound by and accept its terms and conditions. You consent to the use of your personal information by TRISTAN in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time.
3. Other policies and agreements
When you purchase products from Tristan using the www.tristanfleet.com website, your purchase is subject to separate Terms and Conditions of Sale applicable to the website. Certain additional terms and conditions may apply to purchases of products and other uses of portions of the www.tristanfleet.com website.
4. Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. This website is directed for use by adults. Those under the age of 13 should not use this website. In addition, if you are aged 13 or older but under the age of majority in the jurisdiction in which you reside, your parent of guardian should use this website on your behalf and you should not use the website on your own or provide any personal information to TRISTAN. TRISTAN does not knowingly collect information from children under the age of 13. TRISTAN and its affiliates reserve the right to refuse service, terminate accounts or cancel orders in their sole discretion.
5. Product information
The products available for sale and/or distribution by TRISTAN are available only in Canada and this website is directed only at customers and prospective customers in Canada. TRISTAN and its affiliates attempt to be as accurate as possible in describing all products available for sale and/or distribution by TRISTAN. However, TRISTAN does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free.
Price and availability information provided on this website is subject to change without notice. All prices quoted are in Canadian Dollars.
This website and its contents are not to be construed as an offer to sell any product or service.
6. Exclusion of warranties
TRISTAN makes no representation or warranty regarding the functionality, the good working order or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. TRISTAN does not represent, warrant or undertake that any errors on or relating to this website will be corrected, or that any server from which the website is operated is or will be free from viruses or other harmful components. All material or information on this website is provided to you "As is", "With all faults" and without warranties of any kind, whether express or implied. TRISTAN and its licensors disclaim all warranties or conditions, written or oral, statutory, express or implied, including without limitation, warranties or conditions of merchantability, quality, durability, suitability or fitness for a particular purpose. These exclusions are in addition to any specific exclusion otherwise provided in these terms and conditions. Because certain federal, state or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.
7. Limitation of liability
TRISTAN will not be liable for any damages, either direct or indirect, incidental, special or consequential, for use of or inability to use material, products or services of any kind, delay of or partial delivery, termination of rights or loss of profits, data, business or goodwill, whether on a contractual, tort or extracontractual basis, or to provide indemnification or any other remedy to you or any third party. Your sole and exclusive remedy is to discontinue using and accessing this website. Because certain federal, state or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.
8. Copyrights and trademarks
Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by TRISTAN, and TRISTAN does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of TRISTAN. Trademarks, logos and service marks (collectively, "Marks") displayed on this website are registered or unregistered Marks of TRISTAN or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
Notwithstanding the foregoing, TRISTAN authorizes you to make one electronic or paper copy of the information posted on any page of this site provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this site or its contents; any collection of product listings, descriptions or prices; any other derivative use of this site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of TRISTAN and its affiliates without express written consent of TRISTAN. You may not use any meta tags or any other "hidden text" utilizing TRISTAN’s name or trademarks without the express written consent of TRISTAN. Any unauthorized use of this site and/or its contents terminates the permission or license granted by TRISTAN.
9. Confidentiality of the information transmitted
You acknowledge that information or material which you provide electronically through your access to or usage of this website is not confidential or proprietary, except as may be required under applicable law or pursuant to TRISTAN's Privacy Policy, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You represent and warrant that the information or material which you provide electronically to TRISTAN by accessing or using this website does not infringe the rights of any other person or entity. You consent to TRISTAN using that information or material, in whole or in part by any means whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of TRISTAN or the disclosure of your identity, in accordance with the TRISTAN’s Privacy Policy (see Section 2 above).
10. Electronic communications
When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
11. Surveillance
TRISTAN may monitor the access to its website and other activities in relation to its website and may intervene in this regard. However, TRISTAN makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if TRISTAN ever decides to do it.
12. Links
Links and references to other websites are provided to you as a convenience only. TRISTAN has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by TRISTAN. To obtain permission, contact our Website administrator at info@Tristanfleet.com
13. Viruses, etc
TRISTAN does not represent or warrant that the information or material, including the downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
14. Damages to others
You agree not to introduce into or through this website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
15. Reserve of rights
All rights not expressly granted in these terms are reserved to TRISTAN. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of TRISTAN or any other person or entity.
16. Governing law
This site is controlled and operated by TRISTAN from Montreal, Quebec, Canada and these terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
17. Dispute resolution; injunctive relief
IF YOU ARE A RESIDENT OF THE PROVINCES OF QUEBEC OR ONTARIO OR ANY OTHER PROVINCE OR TERRITORY WHERE THIS PROVISION MAY BE CONSIDERED NOT TO BE VALID UNDER LOCAL CONSUMER PROTECTION LAWS, THEN THIS SECTION 17 DOES NOT APPLY TO YOU AND YOU RETAIN YOUR CIVIL REMEDIES.
IT IS IMPORTANT THAT YOU READ THIS SECTION CAREFULLY. IT PROVIDES FOR THE SETTLEMENT OF DISPUTES BY BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR, RATHER THAN BY LITIGATION BEFORE A JUDGE OR JURY. THE LAWS OF YOUR PROVINCE OR TERRITORY MAY LIMIT THE ENFORCEABILITY OF BINDING ARBITRATION IN CERTAIN CONSUMER CONTRACTS.
Binding Arbitration
Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (including the Code of Civil Procedure (Quebec)) (hereinafter collectively referred to as "Claims" and each, individually, as a "Claim") shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, before or under the rules of the Code of Civil Procedure (Quebec) then in effect and any specific procedures for the resolution of small claims and/or consumer disputes then in effect, which Code of Civil Procedure (Quebec), as in effect or replaced from time to time, is incorporated into and forms an integral part of these terms.
However, before you submit a Claim for arbitration, you must first contact our customer service representatives at info@tristanfleet.com, and give us an opportunity to resolve the dispute. Similarly, before TRISTAN takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or TRISTAN is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in the Code of Civil Procedure (Quebec).
For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal or provincial, in respect of any matter whatsoever relating to these terms including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in these terms or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
No claim may be joined with another lawsuit, or in an arbitration with a dispute of any other person, or resolved on a class-wide basis. The parties expressly agree that any claim that is arbitrated pursuant to these terms shall not be consolidated with any other arbitral proceeding for any reason. The arbitrator may not award damages that are barred by these terms and may not award exemplary or punitive damages or attorneys' fees. You and Tristan both waive any claims for an award of damages that are excluded under these terms.
Injunctive Relief and Provisional Relief
Notwithstanding the provisions in this Section 17, the Code of Civil Procedure (Quebec) or any other provision of these terms, TRISTAN shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
18. Changes to terms/severability
TRISTAN may modify, alter or otherwise update the terms applicable to this website from time to time. We will notify you of any such modifications to this website by posting notice of such changes on this website. Following the posting of such changes, your continued use of this site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
19. Jurisdiction
This website is controlled and operated by TRISTAN from Montreal, Quebec, Canada. TRISTAN makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
20. Cookies
We may use "cookies" to track your preferences and activities on the TRISTAN website. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences making your subsequent visits to the site more efficient. Cookies may store a variety of information, including, the number of times that you access a site, your registration information and the number of times that you view a particular page or other item on the site. The use of cookies is a common practice adopted by most major sites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You can also opt-out by using the following link: networkadvertising.org/choices/. You should note, however, that without cookies, some of the website’s functions will not be available, and the user will lose some of the benefits of the site.
21. No waiver
The failure of TRISTAN to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of TRISTAN to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
22. Entire agreement
These terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and TRISTAN with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by TRISTAN making such amendments or modifications available to it pursuant to the terms hereof.
23. Termination
TRISTAN reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.
24. Headings
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.
25. English language
You expressly agree that these terms and all ancillary documents be drafted solely in English; Vous consentez expressément à ce que ces conditions d’utilisation et tous les documents y afférents soient rédigés en anglais seulement.
Last update: January 10, 2024
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Terms and conditions of sale
This agreement (“Agreement”) sets forth the terms and conditions that apply to the purchase of products and/or services (the “Products”) from Tristan Fleet Management Inc. (“TRISTAN”) using the www.tristanfleet.com website. TRISTAN reserves the right to change these terms and conditions without prior written notice at any time, at TRISTAN’s sole discretion.
The terms “you” and “your” refer to the purchaser of Products using the www.tristanfleet.com website.
Please read this agreement carefully! By using this website to make on-line purchases of products, you agree to be bound by and accept the terms and conditions set forth in this agreement, and you represent that you are of legal age to enter into this agreement and become bound by its terms. This agreement contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This agreement also contains a dispute resolution clause, found in section 13.
As further discussed in section 11 of this agreement, except as expressly provided for in this agreement, Tristan does not make or give any representation or warranty with respect to the products you may purchase from this website and Tristan's liability is limited as provided in that section.
1. Consent to use to electronic documents
You hereby consent to the exchange of information and documents between you and TRISTAN over the Internet or by e-mail, and that this Agreement (together with any applicable Order Confirmation(s) accepted by TRISTAN as indicated in Section 3, below) in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. Other documents, agreements and policies
Your use of this website is governed by separate Website Terms and by our Privacy Policy (the “Other Policies”). You acknowledge that you have read the Other Policies and agree to be bound by and accept the terms and conditions set forth therein. Notwithstanding the foregoing, the provisions of this Agreement (and, in particular, the dispute resolution provision in Section 13 of this Agreement) shall supersede and take precedence over the provisions of the Other Policies. In the event of any inconsistency between the provisions of this Agreement and those of the Other Policies, the provisions of this Agreement shall govern. Certain additional terms and conditions may apply to purchases of Products and other uses of portions of this website.
3. Order
Before submitting an order for the purchase of Products using this website, you will be shown an order confirmation screen (the “ Order Confirmation”) describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. Subject to any provision to the contrary contained in the Consumer Protection Act applicable in Quebec, when you submit your order (by pressing the [“ Submit Order”] button), such order will constitute an offer from you to TRISTAN to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on TRISTAN until accepted by TRISTAN. TRISTAN’s acceptance of your order is evidenced by return e-mail from TRISTAN indicating that your order has been accepted.
4. Cancellation
TRISTAN reserves the right, in its discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is cancelled after your payment has been processed, TRISTAN will issue a full refund.
5. Price
All prices quoted are payable in Canadian Dollars. Although TRISTAN strives to provide accurate product and pricing information, errors may occur. TRISTAN reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. TRISTAN cannot confirm the price of a Product until after you submit an order for the Product. Without limiting the generality of Section 4 above, in the event that the price or related information for a Product (as described on the www.Tristanfleet.com website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, TRISTAN may, at its sole discretion, refuse or cancel your order, whether before or after TRISTAN’s acceptance thereof. If there is such an error in pricing, TRISTAN will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
6. Payment terms
Terms of payment shall be determined at TRISTAN’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by TRISTAN. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
7. Product availability
The availability of certain Products may be limited, and Products may not be available for immediate delivery. TRISTAN may revise or cease to make available any Products at any time without prior notice. In the event that TRISTAN is unable to deliver you a Product ordered due to lack of availability, TRISTAN will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that TRISTAN may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.
The products available for sale and/or distribution by TRISTAN are available only in Canada.
8. Shipping; taxes
TRISTAN will arrange for the shipping of the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. TRISTAN will only arrange for the shipping of products to addresses located in Canada. Delivery times provided by TRISTAN are estimates only. TRISTAN shall not be responsible for any damages or costs resulting from any delays in delivery.
Unless otherwise stated, all prices quoted do not include shipping and handling charges and, where applicable, federal and provincial sales taxes. The applicable taxes and shipping charges will be shown separately on the Order Confirmation. You are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the order.
Tax charges are calculated on the basis of the shipping and/or delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges. If you return an item for a refund, you will also receive a refund for the sales taxes you paid for the Product. You will not, however, receive a refund for the sales taxes you paid on the shipping and handling of the item, as the shipping and handling charges are non-refundable once an item has been shipped.
9. Ownership; risk of loss
All Product(s) purchased from TRISTAN are delivered to you by a third-party delivery company, pursuant to a shipping contract. Since the actual delivery of your order can be impacted by many events beyond TRISTAN's control once it leaves our facilities, TRISTAN cannot be held liable for late deliveries. TRISTAN will, however, work with you to ensure a smooth delivery.
10. Returns
All Product returns are subject to the TRISTAN Shipping and Return Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
11. Exclusion of warranties and limitation of liability
Except as expressly provided for in this agreement, Tristan does not make or give any representation, warranty or condition of any kind, whether express or implied, statutory or otherwise, including without limitation warranties as to uninterrupted or error free transactions, privacy, security, merchantability, quality, title, durability, suitability, non-infringement or fitness for a particular purposes, or those arising out of a course of dealing or usage of trade. In no event will Tristan be liable for any indirect, incidental or consequential damages, howsoever caused, including but not limited to, any lost profits, lost savings, loss of use or lack of availability of facilities including computer resources, routers and stored data, punitive, exemplary, aggravated or economic damages, arising out of the products provided by Tristan or otherwise related to this agreement or the transactions conducted on or from the www.Tristanfleet.com website, even if Tristan or any of their lawful agents, contractors, employees or mandataries have been advised of the possibility of such damages or claim. In no case will Tristan’s total liability arising under any cause whatsoever (including without limitation breach of contract, negligence, gross negligence or otherwise) be for more than the amount paid by you for the specific products ordered under this agreement and to which the claim relates. In no event will Tristan be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of: transmission errors or problems, telecommunications service providers, Tristan’s contractors, the internet backbone, third-party suppliers of products or services, damages or losses caused by you, or your respective employees, agents, mandataries or subcontractors, or other events beyond the reasonable control of TRISTAN.
Certain federal or provincial laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
For the purposes of this Section, “ TRISTAN” shall include TRISTAN’s affiliates and TRISTAN’s and its affiliates’ respective directors, officers, employees, agents, mandataries and contractors.
This Section shall survive the termination or expiry of this Agreement.
12. Governing law and jurisdiction
This website and its server are physically located within the Province of Quebec, Canada. This Agreement shall be construed and interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein and shall be treated in all respects as a Quebec contract, without reference to principles of conflict of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
13. Dispute resolution; injunctive relief
IF YOU ARE A RESIDENT OF THE PROVINCES OF QUEBEC OR ONTARIO OR ANY OTHER PROVINCE OR TERRITORY WHERE THIS PROVISION MAY BE CONSIDERED NOT TO BE VALID UNDER LOCAL CONSUMER PROTECTION LAWS, THEN THIS SECTION 13 DOES NOT APPLY TO YOU AND YOU RETAIN YOUR CIVIL REMEDIES.
IT IS IMPORTANT THAT YOU READ THIS SECTION CAREFULLY. IT PROVIDES FOR THE SETTLEMENT OF DISPUTES BY BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR, RATHER THAN BY LITIGATION BEFORE A JUDGE OR JURY. THE LAWS OF YOUR PROVINCE OR TERRITORY MAY LIMIT THE ENFORCEABILITY OF BINDING ARBITRATION IN CERTAIN CONSUMER CONTRACTS.
Binding Arbitration
Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (including the Code of Civil Procedure (Quebec)) (hereinafter collectively referred to as "Claims" and each, individually, as a "Claim") shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, before or under the rules of the Code of Civil Procedure (Quebec) then in effect and any specific procedures for the resolution of small claims and/or consumer disputes then in effect, which Code of Civil Procedure (Quebec), as in effect or replaced from time to time, is incorporated into and forms an integral part of these terms.
However, before you submit a Claim for arbitration, you must first contact our customer service representatives at info@tristanfleet.com, and give us an opportunity to resolve the dispute. Similarly, before TRISTAN takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or TRISTAN is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in the Code of Civil Procedure (Quebec).
For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal or provincial, in respect of any matter whatsoever relating to these terms including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in these terms or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
No claim may be joined with another lawsuit, or in an arbitration with a dispute of any other person, or resolved on a class-wide basis. The parties expressly agree that any claim that is arbitrated pursuant to these terms shall not be consolidated with any other arbitral proceeding for any reason. The arbitrator may not award damages that are barred by these terms and may not award exemplary or punitive damages or attorneys' fees. You and Tristan both waive any claims for an award of damages that are excluded under these terms.
Injunctive Relief and Provisional Relief
Notwithstanding the provisions in this Section 13, the Code of Civil Procedure (Quebec) or any other provision of these terms, TRISTAN shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
14. Export laws
Products sold or delivered under this Agreement shall be subject to export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. You will defend and hold TRISTAN harmless against all claims, damages or liability resulting from breach of the foregoing.
15. Headings
The headings of this Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of this Agreement.
16. No assignment
You may not assign your rights or obligations under this Agreement without the express written consent of TRISTAN.
17. Enurement
This Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
18. Severability
The provisions of this Agreement shall be deemed severable. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
19. Entire agreement
This Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and TRISTAN relating to the subject matter hereof, the use of this website and any transactions conducted on or from this website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by TRISTAN making such amendments or modifications available to it pursuant to this Agreement.
20. No waiver
The failure of TRISTAN to enforce any provision of this Agreement or to respond to a breach by you or any third party of this Agreement shall not in any way waive the right of TRISTAN to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
21. English language
You expressly agree that this Agreement and all ancillary documents be drafted solely in English; Vous consentez expressément à ce que cette entente et tous les documents y afférents soient rédigées en anglais seulement.