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OWG WEBSITE TERMS OF USE

OWG welcomes you to its website www.owg.com, its mobile application or its social media accounts (collectively the “Sites”), owned by Les Investissements Nolinor Inc., doing business under the name OWG (hereinafter “OWG”). OWG strongly encourages you to carefully read the present terms of use (hereinafter the “Terms of Use“) before browsing the Sites as said Terms of Use constitute a contract between you and OWG with respect to the use of and access to the Sites.

By browsing, using or downloading the Sites, you agree to be bound by the Terms of Use. If you do not wish to agree to the Terms of Use, OWG urges you to immediately stop using the Sites.

  1. CAPACITY

    In the context of your use of the Sites, you guarantee that:

    A) You are at least eighteen (18) years old;

    B) You will supervise any minors using your computer, mobile phone or other device allowing access to the Sites and/or using your user account to access the Sites;

    C) You have the legal capacity to contract and that you will honor the financial obligations related to your purchases made on the Sites; and

    D) All information provided to OWG through the Sites is accurate and complete, and that you have obtained the consent of third parties to enter or modify information concerning them.

  2. PROTECTION OF PERSONAL INFORMATION

    OWG’s practices relating to the protection of personal information that it collects during its operations are described in its Privacy Policy. The Privacy Policy is an integral part of the Terms of Use. By continuing to use the Sites, you acknowledge that you have read the Privacy Policy, acknowledge its terms, and consent to OWG using your personal information in the manner and for the purposes set out therein.

  3. INTELLECTUAL PROPERTY

    All content on the Sites, including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features as well as all other content on the Sites is the property of OWG, its licensors or its affiliates. The elements appearing on the Sites may not be copied, reproduced, broadcast, republished, displayed, transmitted, sold, distributed or modified, in whole or in part, whether in textual, graphic, audio, video or other form, without OWG’s written consent.

    The use of software, computer programs, macros, screen capture systems or any other tool or technique meant to copy, extract, distribute or manipulate the content of the Sites or in order to process data or reproduce the content of the Sites on any other website is prohibited without OWG’s written consent.

    OWG grants you a non-transferable and non-exclusive license to use and display the Sites and their content on your computer, mobile phone or other electronic device, and to do so only for your personal, non-commercial use. It also grants you a right of reproduction, in a single copy, for backup purposes, provided that you do not modify the content and that you retain the intellectual property notices.

    OWG is a trademark owned by Les Investissements Nolinor Inc. Other names, words, graphics or logos displayed on the Sites may constitute trademarks, registered or not, of OWG or third parties. You are prohibited from using any trademark appearing on the Sites without OWG’S written consent or the holder of the rights to such trademark.

  4. USER ACCOUNT

    Certain parts of the Sites require that visitors be registered with a personal user account. If you choose to register, you agree to provide truthful personal information, and to regularly update such information to ensure that it remains complete and accurate.

    You hereby acknowledge that you are responsible for:

    A) maintaining the confidentiality of the password you choose;

    B) any activity taking place under your user account or password;

    C) logging out of your user account at the end of your use; and

    D) immediately notifying OWG of any unauthorized use of your user account or the password associated with your user account.

    If you fail to comply with the obligations provided in this clause, OWG cannot be held liable for any resulting loss or damage. In addition, OWG may suspend, limit or terminate your user account and your use of the Sites at its discretion, at any time, without notice and for any reason, including your abuse of the Sites or your breach of the Terms of Use.

  5. USER CONTENT

    The Sites provide certain functions that allow you to submit comments, messages, data, images, photographs and other material (hereinafter “User Content”) to OWG in order to interact with OWG and other users of the Sites.

    By submitting your User Content to OWG, you grant it an irrevocable, non-exclusive, unlimited, perpetual, worldwide license for free to use, modify, distribute, reproduce, create, do derivative works and translate your User Content, for any purpose. In addition, you agree that OWG is not responsible for any loss or damage to your User Content and acknowledge that the User Content you submit will be considered non-confidential.

    By submitting your User Content to OWG, you warrant that it does not infringe any intellectual property rights, that it does not contain defamatory words or obscenities and that it does not violate any right to privacy of third parties.

  6. ORDERING SERVICES

    OWG acts as a transporter for its partner Hola Sol. When you click on the service offers offered on the Sites, you are automatically redirected to the Hola Sol website. The purchase of flights or vacation packages is therefore made directly on the Hola Sol website, and the contractual agreement relating to the purchase and the services is between you and Caribe Sol, not with OWG. Hola Sol has its own Terms of Use, which OWG strongly recommends that you review. It is your responsibility to carefully read and understand these Terms of Use, as they come into effect from the time of your reservation.

    OWG is not responsible for any damages or losses related to the use of the Hola Sol website.

  7. UTILISATION ACCEPTABLE DES SITES

    You agree to use the Sites in accordance with the Terms of Use and not to use the Sites for illicit purposes or for any of the following purposes:

    A) Harass, abuse or threaten others or otherwise violate the rights of any person;

    B) Violate the intellectual property of OWG or of any other third party;

    C) Download or transmit computer viruses or any other software that could damage the property of OWG or that of others;

    D) Commit fraud;

    E) Post or distribute obscene or defamatory material;

    F) Post or distribute material that incites violence, hatred or discrimination against any group; and

    G) Illicitly collect information about others.

  8. REVERSE ENGINEERING AND SAFETY

    You cannot take any of the following actions:

    A) Reverse engineer or disassemble any code or software from the Sites;

    B) Violate or attempt to violate the security of the Sites by any unauthorized access, bypassing encryption or any other security tool, by exploiting data or by interference with any host, user or network.

  9. HYPERLINKS AND THIRD-PARTY CONTENT

    For your convenience, OWG may post hyperlinks to other websites or third-party services that take you away from the Sites. These other third-party sites are not under the control of OWG, and hyperlinks should not be construed as an endorsement of their content by OWG. OWG is not responsible for any damages or losses related to the use of other third-party sites.

  10. INTERRUPTIONS OF SERVICE

    OWG may have to interrupt your access to the Sites in order to perform maintenance work. You agree that your access to the Sites may be affected by unanticipated unavailability, for any reason, and that OWG will not be held liable for any damages or losses arising from such unavailability.

  11. LIMITATION OF LIABILITY

    While OWG has made reasonable efforts to ensure that the content of the Sites is accurate, it cannot guarantee that its content is error-free, up-to-date or complete. Under no circumstances can it be held liable for any damage that may result from an error on the Sites.

    OWG declines all responsibility for any damage resulting from the misuse of the Sites. It cannot guarantee that the Sites and the servers making them available are free from viruses or harmful components. The Sites and their content are provided “as is” and “as available”, without any representation, warranty or condition of any kind. You are using the Sites at your own risk.

    Under no circumstances can OWG, its affiliates and their directors, employees and agents be held liable for damages of any kind, indirect or incidental, resulting directly or indirectly from the use or performance of the Sites.

    OWG, its affiliates and their directors, employees and agents are not responsible for the conduct, omissions or acts of any third party users of the Sites and any advertiser or sponsor of the Sites and, in no event, can they be held responsible for any injury, loss, damage or costs arising therefrom.

  12. COMPENSATION

    By using the Sites, you agree to defend, indemnify and hold harmless OWG, its affiliates, directors, employees, agents, licensees and third-party suppliers against any claim, suit or demand as well as related costs and expenses of any kind (including attorneys’ fees), whether incurred by it as a result of a claim related to your use or abuse of the Sites, your violation of these Terms or your conduct.

    OWG may, at its expense, choose its own lawyer and assume sole defense and sole control over any matter covered by this article.

  13. APPLICABLE LAWS

    Your use of the Sites and the Terms of Use are governed by the laws of the province of Quebec and the laws of Canada. You hereby acknowledge that any dispute relating to the Terms of Use or your use of the Sites will be subject to the jurisdiction of the courts of the district of Montreal, province of Quebec.

  14. GENERAL

    The OWG Terms of Use, Terms and Conditions and Privacy Policy constitute the entire agreement between you and OWG. The failure by OWG to request the application of any right provided for in this agreement does not constitute a waiver of said right. If any of these clauses are recognized as illegal, declared null, invalid or unenforceable, in whole or in part, the unenforceable portion will not affect the validity and application of the other clauses included in the Terms of Use.

    You acknowledge that OWG, at its discretion, has the right to monitor your use of the Sites in order to comply with any law or regulation. In the event of a breach of the Terms of Use by a user of the Sites, OWG also reserves the right to exercise all remedies available under the law.

    The Terms of Use may be changed at any time by OWG at its sole discretion and without notice.

Date of last update: August 24, 2020