Welcome to AssisTime. By using Concepsim’s tools, services, or websites, including AssisTime, you accept these terms of use, as well as the following general terms and conditions of use and rules, including, without limitation, the program rules and legal notices, and any subsequent amendments to these documents (collectively, the “General Terms and Conditions”). We reserve the right to modify these General Terms and Conditions from time to time. You can view the latest version of this present contract at https://assistime.app/en/terms-of-use.
Concepsim allows you to access AssisTime services, provided that you have reached the legal age of majority to enter into this agreement and that you are not subject to any prohibition against using the services under the laws in force in Canada or any other competent jurisdiction.
To access certain services, you must provide accurate and up-to-date information, including your first and last name, contact information, and any other information that may be requested during the registration process and/or while using AssisTime services.
You are responsible for keeping your account password confidential and are responsible for all activities that occur under your account. You agree to notify Concepsim immediately of any unauthorized use of your password or account, or of any breach of system security. Concepsim cannot and will not be held liable for any loss or damage resulting from your failure to provide us with the necessary information or to maintain the security of your password.
You acknowledge that you are responsible for your conduct and for any Content that you create, transmit, or display while using AssisTime services, as well as for any consequences thereof. You agree to use AssisTime services only in a lawful and appropriate manner, in accordance with these General Terms and Conditions and all applicable rules and guidelines. You agree not to engage in any activities that could interfere with or disrupt AssisTime services or the servers or networks connected to AssisTime services.
In addition to the terms set out in this agreement, the use of certain specific AssisTime services is governed by rules and guidelines specific to those services, which are expressly incorporated into this agreement.
Users residing outside Canada agree to comply with the rules in force in their country concerning online activities and acceptable content, including laws governing the export of data to and from Canada or their country of residence.
By using AssisTime services, you consent to Concepsim reserving the right to access, retain, and disclose your account information or any Content associated with your account if required to do so by law or if, in good faith, it believes that accessing, retaining, or disclosing such information is reasonably necessary for the purpose of: (a) complying with any applicable legal or regulatory obligation, as well as any request from a competent judicial authority or other public authority; (b) enforcing its rights under the General Terms and Conditions, including investigations into potential violations thereof; (c) detecting, preventing, or addressing fraud, security, or technical issues; or (d) protecting the rights, property, or safety of AssisTime, its users, and the public from imminent danger.
You acknowledge that the technical processing and transmission involved in providing the AssisTime services, which may include your Content, may involve (a) transmissions over various networks and (b) modifications made to comply with and adapt to the technical requirements associated with connecting to networks, devices, or services.
Concepsim’s Rights
You agree and acknowledge that AssisTime services contain proprietary and confidential information protected by applicable intellectual property laws and other laws or treaties. Unless expressly authorized by Concepsim or any other third-party rights holder, you agree not to modify, rent, lend, sell, distribute, or create derivative works from the AssisTime services, in whole or in part, unless you are acting pursuant to express authorization provided under a separate written agreement.
Your Rights
Concepsim does not claim ownership or control over the Content that you provide, submit, or display on or through the AssisTime services. You (or a third-party licensor, where applicable) retain all rights to the patents, trademarks, and copyrights in the Content that you provide, send, or display on or through the AssisTime services, and you are responsible, where applicable, for protecting those rights.
You represent and warrant that you have all the necessary rights, powers, and authority to grant the rights set out herein with respect to any Content that you provide.
Upon termination of your use of the AssisTime services, including upon receipt of a certificate or other legal document attesting to your death, Concepsim will close your account. It will then be impossible to retrieve any Content stored in that account.
You agree not to reproduce, duplicate, copy, sell, market, resell, or commercially exploit any part of the AssisTime services, the use of the AssisTime services, or access to the AssisTime services, unless expressly authorized in writing under the General Terms and Conditions or in a separate written agreement.
Concepsim reserves the right, at any time, to modify, suspend, or discontinue the AssisTime services, in whole or in part, temporarily or permanently, with or without notice. You acknowledge that Concepsim will not be liable to you or any third party for any modification, suspension, or discontinuation of the AssisTime services.
You may stop using the AssisTime services at any time. You acknowledge that Concepsim reserves the right, at any time and for any reason, including following a period of account inactivity, to terminate your access to the AssisTime services, terminate these General Terms and Conditions, or suspend or terminate your account. Upon termination, your account will be deactivated, and you will no longer have access to the AssisTime services, your account, or any other Content stored in your account. Sections 8 (Termination), 10 (Indemnification), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Exclusions and Limitations), and 15 (including Governing Law, Severability, and Limitations) of the General Terms and Conditions will remain in effect following the expiration or termination.
The AssisTime services or third parties may provide links to other websites or information sources on the World Wide Web. Concepsim does not always control these websites and sources. You therefore acknowledge that Concepsim cannot be held responsible for the availability of external websites or sources, and that Concepsim does not endorse the Content of such websites or sources (or Content available through them) and cannot be held responsible for any Content, advertisement, product, or other such material. You also acknowledge that Concepsim cannot be held directly or indirectly responsible for any damages or losses resulting or allegedly resulting from the use of or reliance on any Content, product, or service made available through an external website or source.
You agree to indemnify and hold harmless Concepsim, its officers, agents, employees, advertisers, licensors, suppliers, or partners (collectively, “Concepsim and its Partners”) from and against any third-party claim arising from or in any way related to your use of the AssisTime services, your violation of the General Terms and Conditions, or any other action related to your use of the AssisTime services, including any liability or expense arising from any legal claim, loss, damage (direct or indirect), lawsuit, judgment, legal costs, and attorneys’ fees, of any kind or nature. In such an event, Concepsim will notify you in writing of the occurrence of such legal claim, lawsuit, or action.
You expressly acknowledge and agree that:
You acknowledge and agree that Concepsim shall in no event be liable to you for any direct, indirect, incidental, consequential, special, or exemplary damages, including, without limitation, damages resulting from loss of profits, customers, data, or any other intangible losses (whether or not Concepsim has been advised of the possibility of such damages) arising from: (i) the use of or inability to use the AssisTime services; (ii) the cost of procuring substitute services or goods resulting from any goods, data, information, or services purchased or obtained, or any messages received or transactions conducted within, through, or from the AssisTime services; (iii) any unauthorized access to or alteration of your transmissions or data; (iv) any statements or conduct of any third party in connection with the AssisTime services; or (v) any other matter relating to the AssisTime services.
Nothing in this agreement is intended to exclude or limit any right, condition, warranty, or liability that cannot legally be excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions, or the limitation or exclusion of liability for losses or damages caused by negligence, breach of contract, or violation of implied general terms and conditions, or for incidental or consequential damages. Accordingly, only the limitations set out in Sections 11 and 12 that are lawful in your jurisdiction will apply to you, and our liability is limited to the extent permitted by applicable law.
You agree that Concepsim may provide you with notices, including notices regarding any changes to these General Terms and Conditions, electronically, by mail, or through messages posted via the AssisTime services.
Entire Agreement.
These General Terms and Conditions (including any general rules, guidelines, and subsequent amendments that may be presented to you, including the Program Rules) constitute the entire agreement between you and Concepsim. They govern your use of the AssisTime services and supersede any prior agreement between you and Concepsim relating to your use of the AssisTime services. You may also be subject to additional terms and conditions if you use or purchase other AssisTime services.
Governing Law and Jurisdiction.
These General Terms and Conditions and the relationship between you and Concepsim will be governed by the laws of the Province of Quebec, without regard to its conflict-of-laws provisions. You and Concepsim agree to submit to the exclusive personal jurisdiction of the courts of the judicial district of Bedford, Quebec.
Waiver and Severability of the General Terms and Conditions.
Concepsim’s failure to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these General Terms and Conditions is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court shall endeavor to give effect to the parties’ intentions as reflected in the provision, and that the remaining provisions of these General Terms and Conditions shall remain in full force and effect.
Limitations.
You acknowledge that, notwithstanding any law to the contrary, any claim or cause of action arising out of or relating to your use of the AssisTime services or the application of the General Terms and Conditions must be brought within one (1) year after the claim or cause of action arises, failing which it will be barred.
The section headings in these General Terms and Conditions are provided for convenience only and have no legal or contractual effect.