MN Digital Planet Inc. is the only owner of the Dimpo Platform (“Dimpo”) and the, www.dimpo.ca, website (the “Website”).
1. Consent to Terms of Use
The terms of use (the “Terms of Use”) apply to your access to and use of the Dimpo platform (“Dimpo”) and the www.dimpo.ca website (the “Website”) , in both the English and French versions, as well as to all related items, including, without limitation, support services (online or by phone), accompanying documents, help,
instructions and all services provided by MN Digital Planet Inc.
The Dimpo platform and the website are the exclusive property of MN Digital Planet Inc. Please read these Terms of Use carefully, as they are binding on you and all persons you purport to represent.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS, OR USE THE DIMPO PLATFORM OR THE, www.Dimpo.ca, WEBSITE.
MN Digital Planet Inc. reserves the right, at its sole discretion, to change, modify, add, or delete these Terms of Use in whole or in part, at any time and without notice. It is therefore your responsibility to periodically check these Terms of Use for possible changes. Whenever we update these Terms of Use, we will indicate the date on which the changes were made, and it will be effective immediately (Update Date).
The provisions contained in these Terms of Use supersede all previous versions published or posted on the Website. Your continued use of the Dimpo Platform or the Website following the posting of any updates to
these Terms of Use will mean that you accept the changes. You may not modify these Terms of Use in any way.
As long as you comply with these Terms of Use, MN Digital Planet Inc. grants you a personal, non-
exclusive, non-transferable, and limited license to access and use the Dimpo platform and the website for the purposes authorized herein.
2. Ownership and Content
You acknowledge that the Dimpo platform and website (including all original content, software, page headers, custom graphics, button icons, logos, names, trademarks, scripts, artwork, images, computer code, designs, applications, data, text, graphics, video and audio files, as well as the presentation, user and training manuals, arrangement, coordination, enhancement, and selection of such elements) are the exclusive property of MN Digital Planet Inc. and are protected by Canadian and foreign laws relating to intellectual property rights.
Your use of the Dimpo Platform or the Dimpo.ca website does not transfer to you any title, right or interest in the Dimpo Platform, the website or their content, except as expressly provided in these Terms of Use.
You also acknowledge that MN Digital Planet holds all rights, titles and interests relating to all suggestions, ideas, improvements, requests, comments and recommendations that may be protected that you could provide or communicate to us concerning the Dimpo platform, the Dimpo.ca website, their content or their functionalities.
3. License to use the Service, Identity Verification
The Service is licensed to you solely under these terms. MN Digital Planet Inc. reserves all rights not expressly granted to you, including title and exclusive ownership of the Service, any software, or updates thereto, and the source code of the Service.
By registering for the Service, MN Digital Planet Inc. grants you the right to install the Service for use by the total number of users you identify and authorize. The Service may not be used by (a) individuals who are not named individuals; or (b) any other software or hardware device that does not require a named
individual to use or access it. A named individual means an individual identified to you by name who is authorized to use the Service, regardless of how such access occurs or whether such individual uses hardware or software that reduces the apparent number of users who use the Service, It is prohibited to use or access the Service by any other software or hardware device that does not require an individual to use or access it. MN Digital Planet Inc. reserves the right to ask you at any time to provide a list of named individuals.
You may not rent, lease, loan, sell, redistribute, or sublet the Service. These conditions govern any upgrade provided by MN Digital Planet Inc. that replaces and/or supplements the original service.
You agree to use your best efforts to protect the Service and Updates from unauthorized use, reproduction, distribution, publication, or modification.
4. Permitted and prohibited uses
You may use the Dimpo Platform and the ,www.Dimpo.ca, website for personal or business purposes in accordance with the Terms of Use. You may display, print, download or save content or data displayed on the website provided that you do not (i) modify such content or data, (ii) remove or alter any proprietary identification, marks, notices or disclaimers displayed on such content or data, or (iii) use such content or data for any purpose other than that for which such content or data is displayed or made available on the website.
The use of the Dimpo platform or the dimpo.ca website for unauthorized or illegal purposes or in a manner that infringes the rights of MN Digital Planet or other users (collectively the “Users” and each a “User”) is strictly prohibited.
Without limiting the foregoing, you agree not to engage in the following activities (collectively, “Prohibited Uses”)
- Copy, imitate, reproduce, republish, download, publish, transmit, modify, index, mirror, translate, encode, exploit, or distribute in any manner whatsoever any part of the platform or the website or create any derivative work from it for commercial purposes without the express prior written permission of MN Digital Planet Inc.
- use the Dimpo Platform or the Dimpo.ca to transmit, distribute, publish, upload, make available, disclose, store or destroy content (a) in violation of any applicable law or regulation, (b) in a manner that would infringe the intellectual property rights, privacy rights or other personal rights of others, or (c) in a manner that is unlawful, libelous, defamatory, obscene, vulgar, threatening, abusive, hateful, or that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate the law;
- use deep-links, web harvesters, spiders, crawlers or any other program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Dimpo Platform or the Dimpo.ca website, or to obtain or attempt to obtain any materials, documents or information through any means not voluntarily made available to Users through the Dimpo Platform or the, www.dimpo.ca, website.
- circumvent or attempt to compromise the security or integrity of the Dimpo Platform or the dimpo.ca website, including, without limitation, (a) accessing data or services on the Dimpo Platform or the dimpo.ca that are not intended for you, or logging into a system, network, server or account that you are not authorized to access, whether through hacking, password mining or any other illicit or illegitimate means, (b) attempting to probe, scan or test the vulnerability of the Dimpo Platform, the Dimpo.ca or any system or network connected thereto, or violate their security or authentication measures, (c) attempt by any means to interfere with the proper functioning of the Dimpo platform, the Dimpo.ca or their use or access by other Users, including, without limitation, by way of “flooding”, “spamming”, “mailbombing” or “crashing”, or (d) upload invalid data, viruses, worms, or other malicious software onto the Dimpo platform, the Dimpo.ca website or any system or network connected thereto.
- Send unsolicited electronic mail, spam, or chain letters to Users, including promotional offers or advertising of unauthorized products or services;
- Attempt to decompile, disassemble, or reverse engineer the Dimpo platform or the Dimpo.ca website;
- Pretend to be or represent another person, impersonate another person or impersonate another person or entity in connection with your use of the Dimpo Platform or the dimpo.ca website;
- Access the Dimpo platform or dimpo.ca website for the purpose of monitoring its availability, performance, or operation, or for any other benchmarking or competitive purposes;
- Conduct any reverse lookup or attempt to trace the source of any information about another User, including any Dimpo Platform or dimpo.ca website account held by a third party; or
- Create a link to the website from any other website owned or operated by a third party without the prior written permission of MN Digital Planet Inc.
Prohibited Uses may result in civil or criminal liability. If you violate these restrictions or otherwise exceed the scope of the licenses and other rights granted to you in these Terms of Use, you may be subject to charges and lawsuits for damages and liability, including for any infringement of intellectual property rights.
MN Digital Planet reserves the right to investigate any event or incident that may involve such violations, to report them if necessary to the police or judicial authorities having jurisdiction, and to collaborate with these authorities in the context of any charges brought against the Users involved.
5. Changes
MN Digital Planet reserves the right, at any time and without notice or liability to you or any other person, to (a) correct any errors, inaccuracies or omissions displayed on the Dimpo website or platform, (b) change the products and services advertised or offered for sale on the Dimpo website and platform, the prices, fees and specifications of such products and services, or any other content displayed on the Dimpo website and platform, and (c) modify or discontinue any of the functionality of the Dimpo website or platform.
6. Equipment, Account and Security
Users are responsible for obtaining and maintaining all networks, hardware, software, and other equipment necessary to access and use the Dimpo platform or the dimpo.ca website.
The Dimpo platform is accessible only to Users who have created an account with a secret password. These passwords are used for authentication purposes, but MN Digital Planet Inc. has no obligation to verify the identity or authority of a person using your password to access or use your account on the Dimpo platform. However, MN Digital Planet Inc. may, at its sole discretion and at any time, deny the use or access to your account in case of reasonable security concerns.
When creating your account on the Dimpo platform, you must provide complete and accurate information and promptly update this information thereafter if necessary. You are solely responsible for any losses, damages or additional costs that you, MN Digital Planet Inc. or any other person may incur in connection with your submission of false, incorrect or incomplete information or your failure to update it when required. You are solely responsible for any activity that occurs on your account, and you must keep your password secure and confidential. You will be responsible for any damages incurred by MN Digital Planet Inc. or any other User due to the use of your password or your account on the Dimpo platform by any unauthorized person. You cannot use the account or the password of another User without his authorization. You agree to promptly notify MN Digital Planet Inc. in case of unauthorized use or violation (confirmed or presumed) of the security of your account or password. MN Digital Planet Inc. reserves the right to cancel or suspend your account at any time without notice or liability if you fail or refuse to comply with these Terms of Use.
7. User content
The Dimpo Platform allows you to interact with other Users and to upload, exchange, share and submit data and content to the Platform and to other Users (any content or data that a User submits, publishes, posts,
transmits, uploads or otherwise makes available on the Dimpo Platform is collectively referred to as “User Content”).
By submitting User Content to the Dimpo platform, you expressly grant MN Digital Planet Inc. (and represent and warrant that you have all necessary rights to do so) a non-exclusive, royalty-free, perpetual, irrevocable, transferable, worldwide, and sub-licensable right and license to use, reproduce, adapt, display, store, and distribute such User Content for the sole purpose of enabling you to use the Dimpo platform as
authorized herein. You also hereby grant each User a non-exclusive license to access your User Content via the Dimpo Platform and to use, reproduce and distribute such User Content as permitted by the features of the Dimpo Platform and in accordance with these Terms of Use.
You are solely responsible for any User Content you choose to upload or share on the Dimpo Platform and for any interaction or communication you may have with other Users. You may not, and by using the Dimpo Platform and the dimpo.ca website, you agree not to, post or submit any User Content:
- Violates the rights of others, including without limitation any privacy or intellectual property rights;
- Who may cause injury, loss, mental or physical harm, emotional distress, death or disability to any other person;
- Which may cause a risk of loss or material damage to property held by a third party;
- Which may constitute or contribute to the commission of a felony, negligence, or other illegal act;
- That contains any illegal, confidential, or privileged information or content, or that you are prohibited from disclosing under any law or contractual or fiduciary obligation;
- Contains any information that is obscene, sexually explicit, defamatory, threatening, harassing, abusive, hateful, racist, sexist, or embarrassing to others, or otherwise immoral or inappropriate;
- Who discloses personal or private information about any other person without their consent;
- Which contains unsolicited commercial opportunities, chain letters, pyramid schemes or advertising;
- Contains computer viruses, Trojan horses, worms, software bombs, cancelbots or other computer software or programs, algorithms, devices or files that have the purpose or effect of damaging, destroying, disrupting, extracting or otherwise compromising the functionality of a system, computer, data or software.
MN Digital Planet Inc. does not represent or warrant the truthfulness, accuracy or reliability of User Content posted or submitted by other Users, and you understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or inappropriate. MN Digital Planet Inc. assumes no responsibility for User Content or any use of it by other Users, or for any interaction you may have with other Users on or through the Dimpo platform.
The Dimpo platform is a passive channel for secure and encrypted communication of User Content and MN Digital Planet does not have access to this User Content.
We encourage you to notify us if you become aware of any violation of these Terms of Use by another User. If so, we reserve the right, but not the obligation, to investigate any alleged violation and to expel a User and restrict or prohibit future access to the Dimpo Platform.
8. Third-party content
The Dimpo.ca website and the Dimpo platform may contain certain content from third parties, refer to products or services offered by third parties or include links to independent third-party websites (collectively the “Third Party Content”). Such Third-Party Content may be provided by MN Digital Planet Inc. for convenience or by other Users. MN Digital Planet Inc. does not control, is not responsible for and does not endorse such Third-Party Content.
When you choose to use a link to a third-party website from our website or the Dimpo platform, these Terms of Use will no longer apply. You should read the terms of use and privacy policies of such third-party websites carefully before using them. Your use of Third-Party Content is at your own risk and you expressly release MN Digital Planet Inc from such use and you expressly acknowledge that MN Digital Planet Inc is not responsible for any claims or damages arising from such uses.
9. Payment processing
In order to pay your subscription fees through the Services, you will be required to enter your first name, last name, email address, phone number, billing address, credit card number, card expiration date and card security code (CVC). This information may be referred to in the Privacy Policy as “billing information.
All billing information is collected by the third-party payment processor on its own secure servers. The Dimpo Platform does not have access to any credit card information and cannot be held responsible for any breach of information caused by faulty programming or malicious users on the third-party payment processor’s servers. Non-financial information will, however, be made available to the Dimpo platform for billing and archival purposes.
10. Paid subscriptions
Termination: You may terminate your subscription to the Dimpo platform at any time. However, please note that you must pay all outstanding amounts before you can cancel.
Payments for Dimpo platform subscriptions and team member licenses are non-refundable.
The service is provided “as is”. You have the chance to take a look at the product and its features during the free trial period. The purchase of your subscription indicates that you have become familiar with the product and
that it works for you. If you have any problems with your account, or believe there has been a billing error, please contact us for assistance with our refund policy.
Your paid subscription will remain in effect until cancelled or terminated in accordance with these terms. If you fail to pay your paid subscription on time, we reserve the right to suspend your service to the Dimpo platform.
Price Changes. We may change fees at the time of your subscription renewal, to reflect factors such as changes in the products we offer, changes in companies, or economic changes. We will notify you at least 30 days prior to these changes by email to the address associated with your account and you will have the opportunity to cancel your subscription before the new fees are implemented.
11. Conditions and fees
Subject to prior notice of pricing, MN Digital Planet Inc. reserves the right to charge you for the use of the Service on a periodic basis (for example, weekly or monthly) or otherwise. The present conditions come
into effect as soon as you register to the services and continue until you or MN Digital Planet Inc. put an end to your use of the service.
You are responsible for all fees owed to MN Digital Planet Inc. and any compensation due prior to the termination date.
12. Interrupted access
We may from time to time and without notice interrupt or discontinue (permanently or temporarily) your access to the Dimpo website or platform for maintenance or updating purposes, and MN Digital Planet Inc. disclaims any liability for any loss or damage caused by such interruptions. The Dimpo.ca website and the Dimpo platform may also be subject to limitations, delays and other problems inherent to your Internet network, your electronic communications or your use of an obsolete Web browser. MN Digital Planet Inc. is not responsible for such delays, delivery failures, loss of data or other damages resulting from such problems, and you acknowledge that they are not under the reasonable control of MN Digital Planet Inc.
13. Privacy and protection of personal information
MN Digital Planet Inc. can collect and process your personal and non-personal information when you access the website and the Dimpo platform. By accessing and using their various features, you consent to the terms and conditions of our privacy policy as published on our website and whose terms are incorporated into these Terms of Use by reference.
14. Consent to electronic communications
By registering to use the Service or the Dimpo Platform, or by sending us emails, push notifications or text or voice messages, you are communicating with us electronically. And by doing so, you expressly consent to receive communications from us electronically, by email, internal messaging, push notification, or by voice
or text message, whether prerecorded or automatically composed (“Digital Means”). We will communicate with you through the Digital Means listed above, or by posting notices on the Services or Platform. 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
15. Exclusion of guarantees
The dimpo.ca website, the Dimpo platform, their content and functionality are provided “as is” and “as available” and, to the fullest extent permitted by law, MN Digital Planet expressly disclaims all representations, warranties or conditions of any kind, whether express, implied or statutory, including
without limitation any warranty of accuracy, accessibility, fitness for a particular purpose, non-infringement, merchantability, performance, durability, security and reliability.
MN Digital Planet Inc. does not guarantee that the Dimpo.ca website, the Dimpo platform, or any of their components or functionalities will function without error or in an uninterrupted manner, that any defect or error will be corrected, that their use will provide you with specific results or will meet your requirements or expectations, or that the service will be available at any time or in any place and in a secure manner
MN Digital Planet Inc. does not guarantee that the dimpo.ca website, the Dimpo platform and any file or data downloaded from it will be free of computer viruses, malicious agents or other harmful or destructive mechanisms. You understand and agree that your access to and use of the Dimpo website and platform is at your own discretion and risk, and you assume full responsibility therefor.
16. Limitation of liability
MN Digital Planet Inc. cannot be held responsible for any errors or omissions made by you in the data entry or in the use of the Dimpo Platform functionalities.
MN Digital Planet Inc. cannot be held responsible for the financial or fiscal consequences that could result from the use of the Dimpo Platform by you.
To the fullest extent permitted by law, under no circumstances will MN Digital Planet Inc. be liable to you or any other person (and you hereby agree to release MN Digital Planet Inc. from any liability in this regard) in connection with any access to the Dimpo.ca website and the Dimpo platform or their use or
misuse.
Under no circumstances MN Digital Planet Inc. can be held responsible for any direct, indirect, incidental, consequential, special, punitive or exemplary damages (alleged or proven) arising from the use of the site or the Dimpo platform, including without limitation any loss of data, business, revenue, profits, use,
production, reputation or goodwill, anticipated or not, even if MN Digital Planet Inc. could have been advised of the possibility of such damage or loss.
Without limiting the generality of the foregoing, you release MN Digital Planet Inc from any liability for any loss or damage arising from or related to (i) the transmission of any computer virus, malicious agent or other harmful mechanism from the Dimpo website.ca website, the Dimpo platform or by any other means;
(ii) any loss, unauthorized access, modification or alteration of your account or password; (iii) any failure or inability to download any file, data or content from the Dimpo website or platform or to send or receive any communication through the Dimpo website or platform (iv) any violation of any rights, including any
intellectual property rights; (v) any prohibited use by you or any other person; (vi) the deletion of your account in accordance with these Terms of Use; or (vii) any interruption, inaccuracy, delay, error, omission, or discontinuance of the dimpo.ca website or the Dimpo Platform, in whole or in part.
The exclusion or the limitation of certain guarantees or responsibilities can be restricted or prohibited in certain jurisdictions and could not apply to you. Insofar as a court having jurisdiction declares MN Digital Planet Inc. responsible with regard to any element in connection with these conditions of use, the total and cumulative responsibility of MN Digital Planet Inc. towards you for any damage, loss or recourse arising from or in connection with these terms of use or your use of the website or the Dimpo platform (whether on the basis of contractual liability, extra-contractual liability, negligence, warranty, strict liability or otherwise), shall in no event exceed an amount of $300.
In no case, the total responsibility of MN Digital Planet Inc. towards you for all the damages (other than what can be required by the applicable law in case of bodily injury) will not exceed the amount of 300$ and provided that MN Digital Planet Inc. receives a written notification of a claim from you in a delay of at the latest 30 days after the incident. The preceding limitations apply even if the above-mentioned recourse does not fulfill its essential objective.
17. Compensation
You agree to defend, indemnify, and hold MN Digital Planet Inc., its affiliates, employees, directors, officers, and shareholders harmless from and against any and all claims, actions, demands, damages, obligations,
losses, liabilities, costs, and expenses (including, without limitation, legal and out-of-court costs, and fees) arising out of your access to and use of the www.Dimpo.ca website or the Dimpo platform, or your violation of the Terms of Use, including any commission of a Prohibited Use
18. Applicable Law and Dispute Resolution
These Terms of Use shall be governed by the laws applicable in the Province of Quebec without regard to its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Any dispute or claim arising in connection with these Terms of Use shall be resolved under the exclusive auspices of arbitration by the Canadian Commercial Arbitration Centre, to the exclusion of the courts, in accordance with its General Commercial Arbitration Rules then in effect. The arbitration shall be held in Montreal, Province of Quebec.
Nothing in the present document is deemed to prevent MN Digital Planet Inc. from going to court for
injunctive relief necessary to protect its rights and interests or to prevent any actual or anticipated violation of its intellectual property rights.
19. Other terms
At the termination of the present conditions, the service and all the updates can cease to function correctly, and all the guarantees, express or implicit, concerning the service end. Your rights under these conditions will automatically terminate without notice from MN Digital Planet Inc. if you do not comply with any of the provisions of these conditions. In addition, MN Planet Digital Inc. may terminate the Service for any action by you that MN Planet Digital Inc. deems, in its sole discretion, to be an inappropriate use of the Service, even if not specifically detailed by these Terms, including any use of the Service that is prohibited by federal, state or local law.
Any guarantee concerning the Service will be automatically terminated without notice if you do not respect one of the provisions of the present Conditions. The parties acknowledge and expressly agree that all provisions of these Terms that concern the copyright or other protectable interests of MN Digital Planet Inc. will remain in effect, notwithstanding the termination of any warranty or use of the Service.
20. MISCELLANEOUS PROVISIONS
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms of Use and the remaining provisions shall remain
in full force and effect.
The provisions of these Terms of Use shall ensure to the benefit of and be binding upon each party and its successors, assigns, successors in interest and legal representatives.
These Terms of Use supersede any prior version and constitute the entire agreement between you and MN Digital Planet Inc. with respect to your use of the Dimpo.ca website and the Dimpo platform.
You may not assign these Terms of Use or the rights and obligations they confer upon you. MN Digital Planet Inc. can assign at any time and without your consent the present Conditions of use or the rights and obligations which they confer to him.
No consent or waiver by any party to any breach or default by any other party under these Terms of Use: (a) shall be construed as a consent to or waiver of any continuing or repeated breach or default of the relevant obligation or any other breach or default of any other obligation of that party; or (b) shall be effective only if in writing and signed by all parties.
Effect of Waiver. Failure to exercise any right under these Terms and Conditions shall not constitute a waiver of any prior or subsequent rights.
21. Suggestions and comments
MN Planet Digital Inc. welcomes comments or inquiries regarding the Service. If you choose to provide feedback or comments of any kind to MN Digital Planet Inc. all feedback and comments will become the sole and exclusive property of MN Digital Planet Inc. and MN Digital Planet Inc. shall have the right to use such feedback in any manner and for any purpose whatsoever, in its sole discretion, without compensation, remuneration or attribution.
MN Digital Planet Inc. has however no obligation to use these comments.
Changes and Updates to this Policy
We reserve the right to modify or update this Policy at any time, including to reflect changes in our practices or for operational, legal or regulatory reasons, and the effective date will be updated to reflect such changes.
We encourage you to review our Policy regularly to be aware of any updates. If you do not agree with any changes, you should stop accessing our websites, our dimpo platform or contacting us.
Your continued use of our services signifies your acceptance of the changes to the policy.
To contact us
If you have any questions or concerns regarding the Terms of Use, please contact us at the coordinates below:
MN Digital Planet Inc, Dimpo support@dimpo.ca
Last modifications on April 15, 2023.
