Terms and conditions of use

Effective as of January 27, 2021

Legal Information

Effective as of January 27, 2021

This "airliquide.ca" site and the “AL Scan Web Application” (hereinafter individually each the "Website", or collectively the “Websites”) are published by Air Liquide Canada Inc. (hereinafter "AL" or "AIR LIQUIDE").

Head Office: 1250, boul. René-Lévesque West, Suite 1700, Montréal, Qc H3B 5E6

Publishing Director: Digital Marketing Team of Air Liquide Canada Inc.

Air Liquide Canada uses the solution Oracle Commercial Cloud data which is hosted in the USA. (Oracle Data Center, 1477 South 4800 West, Salt Lake City, UT 84104)

You agree to these Terms and Conditions of Use (TCU) when you access, use and browse our Websites, including all applications, files, instructions and all related documentation. If you do not agree with these terms and all other policies (including the Privacy Policy) posted on our Websites, please do not access or use the Website(s). You agree to review these Terms and Conditions regularly and your continued access or use of the Websites means that you have accepted each and all amendments to these Terms and Conditions of Use.

AL reserves the right to modify, supplement and update these TCU, including the documents referenced herein, without notice. The update of the TCU will be announced by posted messages on the Air Liquide Website.

"Air Liquide", "AL", "we" and "our" mean Air Liquide Canada Inc.

"You" and "your" mean you and any company or organization for which you use the Website and its features.

IF YOU HAVE ENTERED INTO ANOTHER AGREEMENT WITH AIR LIQUIDE REGARDING OTHER SERVICES, PRODUCTS OR SUPPLIES, THE TERMS OF THAT AGREEMENT WILL PREVAIL SHOULD THERE BE ANY DISCREPANCY WITH THESE TERMS AND CONDITIONS OF USE.

ELIGIBILITY
You may only use the services offered in the Websites if you are at least 18 years of age and legally authorized to enter into a contract. The products and services offered by Air Liquide are offered exclusively for commercial purposes. Air Liquide sells its products only to companies located in Canada. The use of the Website(s) by children or the purchase by children of any of our products or services is contrary to our intentions. It is our policy that young people under the age of 16 should consult with their parents before sending personal information to us or to anyone else over the Internet. However, we expect that none of our users will be children.

1. Definitions

The terms defined below shall have the following meanings, whether used in the singular or plural:

  • "Action": refers to any action carried out by the User on the Website and in particular any browsing, any consultation of information accessible from his/her Terminal, access to the Website as well as any action within the framework of the functionalities permitted by the Website.

  • "Account" refers to the space made available to the registered User on the Website, allowing him/her to access, after having identified himself/herself by his/her Access Codes, his/her Data and Documents. The notion of account is only intended for a user account who has created a profile on the Website(s) and not for the notion of a customer account in internal AL systems (ERP, customer relationship management, etc.)

  • "TCU": refers to these general Terms and Conditions of Use.

  • "Data": refers to (i) all personal information or data collected by AL from the User, and (ii) all personal information or data that is automatically collected during the use of the Website by a User or any other person accessing the Website, in particular through the use of cookies.

  • "Failure to identify": refers to a succession of five (5) unsuccessful attempts to authenticate the User in order to access the Website.

  • "Terminal" refers to the various media through which the Website will be accessible, including but not limited to smartphones, tablets and microcomputers via the Internet.

  • "User": refers to the natural person who has access to the Website(s) after the creation of an Account under the conditions provided for in these TCUs, authorized to act for his/her personal interest or that of his/her company.


2. Website Functionalities

The Websites functionalities are as follows (not all functionalities are available on both the “airliquide.ca” Website and the AL Scan Application) :

The remote purchase of products referenced on the Website

  • Gas, welding equipment and safety products order and order tracking

  • Consulting documents (orders, invoices, technical documentation, material safety data sheets, etc.)

  • Creating a shopping list

  • Managing inventory by doing replenishments requests and product self-audits

  • Management of delivery addresses for orders

  • AL reserves the right to modify, interrupt, temporarily or permanently, these functionalities at any time, in particular as part of the Website maintenance operation.

3. Purpose

The purpose of the TCUs is to define the functionalities offered by the Websites and the conditions under which the User is authorized to use the Websites. These TCUs are available at any time on the Websites.

4. Acceptance

By agreeing to access the Websites, the User acknowledges and warrants:

  • Having read these TCUs and agreeing to comply with them

  • Having been informed of the rights he/she has over the Data concerning him/her


5. Duration

The TCUs apply and come into force from the moment that:

  • the User accesses the Website(s) and until his/her Account is definitively deleted under the conditions provided for in Article 10 "Suspension, deactivation and deletion of an Account".

  • any other person accesses the Website and until such time as they leave the Website.


6. Registration and Access Procedures

6.1 How to create an Account

Access to the above-mentioned functionalities is subject to the creation of an Account according to the steps described during the registration process. Mandatory information is marked with an asterisk.

6.2 Access security

Access to the Account is protected by a personal identifier and password associated with it in accordance with security requirements.

For the Website “airliquide.ca”, by completing his/her information for the creation of his/her Account, the User receives a confirmation email with a temporary password. He/she will then be able to modify and personalize his/her password to access his/her Account.

For the “AL Scan Web Application”, ALC will initiate the registration of the depot. The User will receive a confirmation email with a temporary password. He/she will then be able to modify and personalize his/her password to access his/her Account.

The User is responsible for keeping his/her access codes strictly confidential. AL cannot be held responsible for any disclosure of access codes by the User, even if involuntary, to a third party.

When logging into his/her Account using the access code, the User triggers the opening of a session that ends when the User logs out. An automatic disconnection after 15 minutes occurs if the User is inactive on the Website. For security reasons, Users are reminded to log out of their Account by clicking on the "Log Out" button. In the event of a lost password, Users may request a new password directly via the Website by clicking on "Forgotten Password". A hypertext link will be transmitted by AL to the User at the email address indicated by the User during the validation of his/her registration. By clicking on this link, The User will then be able to create a new password. The User has the possibility to request the modification of his personal data or the deletion of his profile by going to the "My Profile" section.

The User accepts that his/her access to the Website may be refused in the event of a failed identification. In this case, the User must request a new password according to the terms described above.

6.3 Means of access

The User is personally responsible for setting up the computer and telecommunications facilities necessary to access the Websites and for acquiring the knowledge necessary for using the Internet and the Websites.

The connection and equipment costs related to Internet access and the use of the Websites are the sole responsibility of the User.

In addition, the User acknowledges that he/she has secured the computer configuration(s) used to access the Websites, in particular by acquiring an anti-virus.

The use of the Websites implies knowledge and acceptance of the characteristics and limitations of the technologies used by the Internet and related technologies, in particular with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission, the absence of protection of certain data against possible misuse and the risks of contamination by possible viruses circulating on the network.

7. Behaviour of Users

By accessing the Websites, the User undertakes and warrants to:

  • comply with all applicable laws and regulations in force in Canada

  • provide accurate, complete and up-to-date Data

  • comply with the TCUs

  • act responsibly and prudently on behalf of him/herself or his/her company in the use of the features mentioned in this document, including product ordering, inventory management and account modification requests

In addition, it is prohibited for the User to:

  • disrupt or interrupt the operation of the Websites or servers or networks connected to the Websites or violate the requirements, procedures, rules or regulations of networks connected to the Websites;

  • attempt to harm any other User or network, including, but not limited to, exposing the Websites to a virus, creating saturation, flooding the server, saturating the email, or falsifying any header of the TCP/IP protocol information packet or any part of the header information contained in any email;

  • access or attempt to access any information and Data not intended for the User, including by forcing the systems or by any other means or entering a server/account to which the User is not authorized to have access;

  • attempt to probe, scan or test the vulnerability of the Websites or a network, or any other system or to violate any security or identification measures put in place on the Websites;

  • impersonate another person or company, including another User;

  • carry out an activity or induce a third party to carry out an illegal activity or any other activity that would infringe the rights of AL, its employees, Users or any other natural or legal person;

  • transmit or transfer (by any means whatsoever) information or software derived from the Website to other countries or to certain foreign nationals in violation of national or international laws or regulations;

  • to use any means to bypass the identification techniques implemented by AL and necessary to connect to the Websites and the payment module via Moneris or any other payment solution.

By acknowledging the global nature of the Internet network, each User undertakes to comply with all local and international rules and procedures relating to online behaviour and the content of the information and Data provided, and in particular with all applicable laws concerning the transmission of data.

AL makes every effort to provide Users with available and verified information or tools, but cannot be held responsible for errors, lack of availability of features or the presence of viruses on its Websites.

The User is solely responsible for any loss or damage including, in particular, damage caused to his/her computer system or loss of data resulting directly or indirectly from it.

8. Intellectual Property

Air Liquide offers visitors and users access to this Websites based on (and relying on) your acceptance of the TCUs. AL hereby grants you a non-exclusive and non-transferable license to access, download and use this website solely for your internal use. We are entitled, at our sole discretion, to add, delete or modify at any time all or part of the services included in the Websites or to terminate this license. All elements, including configurations, displays and screens, and all information appearing on or displayed by AL in connection with or containing content on this Websites are protected by all applicable laws.

AL owns, reserves and retains all proprietary rights, including reproduction rights, in this Websites and the materials contained therein. The trademarks, trade names, logos and other indications of origin, and in particular the Air Liquide domain name, displayed on its Websites are registered and unregistered trademarks of Air Liquide or a third party that has granted Air Liquide the right to use them on the Websites. Nothing contained herein shall be deemed to grant to the visitor or User any license or right to use any of the trademarks displayed on the Websites without the written authorization of Air Liquide or the third party concerned. Air Liquide and/or its third party content providers remain the owners of the information appearing on this Website, and the User does not acquire any of the above-mentioned ownership rights by printing or downloading any part of the information or by making use of the Websites’ features.

Configurations, displays, windows, interfaces, text, graphics, photographs, trademarks, logos, sounds, music, artistic contributions and computer codes (collectively referred to as "Content"), including, but not limited to, design, structure, choice, coordination, appearance, the appearance and usability as well as the layout of such content, and all information appearing or displayed in connection with Air Liquide or incorporated by Air Liquide on the Websites, are governed by several intellectual property rights protections, including national and international laws relating to copyright, trademarks and trade secrets. Air Liquide owns, reserves and retains all proprietary rights, including copyrights, to its Websites and Content. AL does not grant any license or sub-license to all or part of the Content or any right other than the right to use the Websites under the terms of these TCUs.

Any reproduction and use of copies of the Websites and its content made for purposes other than those provided for in Article 2 "Website Functionalities", in any manner whatsoever, and in any form whatsoever, is expressly prohibited.

It is also prohibited to:

  • copy, modify, create a derivative work, assemble, decompile (except as provided by law), sell, assign, sub-license or transfer in any manner whatsoever any rights relating to the Websites and their Content;

  • modify all or part of the Websites or the Content in order to obtain unauthorized access to the Websites by any means other than the hypertext link of the Websites.

Consequently, any reproduction and/or representation, in whole or in part, of the Websites and/or their respective Content, without the prior written consent of AL is prohibited and would constitute a violation of intellectual property laws. Notwithstanding the foregoing, Users are authorized to download from the Websites the operating instructions for the equipment sold by AL and the documents made available by AL in support of the sale of products and services.

9. Link Policy

Links to third party sites

The Websites contain links to other third-party websites for direct access. AL cannot assume any responsibility for the content and use made by the User or third parties of this information available on the other websites to which it has created links or which could have been created without its knowledge, whether or not these websites are partners of AL. AL has no editorial control over this information. The links provided from the Websites do not imply the granting of any license to AL's rights over the trademarks, trade names, logos and other elements of the Websites. Finally, AL declines all responsibility for any technical failures in connection with these links. Access to all third party sites via the Websites is the sole and entire responsibility of the User, who is invited to examine the rules applicable to the use of third party sites and the disclosure of information that he/she may have communicated on these linked sites.

Links to the Websites

It is possible to create a link to our Websites subject to the following rules. A link to a Website must not damage or tarnish the reputation of AL's trademarks and/or intellectual property rights, nor give the false impression that the website and/or organization is sponsored, supported and/or affiliated with AL. It is prohibited to insert any of our Websites into a frame or alter its intellectual property rights or content in any other way. No link to the Websites may be established from any other site whose content is illegal, abusive, indecent or obscene, which promotes violence or illegal acts, which contains racist, defamatory, inappropriate or provocative language or otherwise deemed inappropriate by AL in its sole discretion. AL reserves the right, in its sole discretion, to remove or obtain the removal of any link to any other website, for any reason or without any reason being given, including, without limitation, any website that AL deems inappropriate or incompatible or inconsistent with its Websites and/or these TCUs.

AL is not responsible for the content or proper functioning of the Internet, including other websites linked from or to our Websites. Users are requested to keep AL informed of any errors or inappropriate content identified on websites linked from or to our Websites.

10. Suspension, deactivation and deletion of an Account

The notion of Account only applies to the account of a User who has created his/her profile on the website and not for the notion of a customer account in internal AL systems (ERP, customer relationship management)

At any time and for any reason whatsoever and in particular:

  • in the event of non-compliance with the TCUs or in the event of suspicion of non-compliance with these TCUs,

  • in the event of a report of loss or theft of the Access Codes,

  • in case of failed identification,

AL may, without prejudice to any damages, reserves the right to claim from the User in the event of non-compliance with the TCUs, at its discretion, implement any means allowing, without notice:

  • to suspend or interrupt the User's access to his/her Account;

  • and/or to permanently delete the Account.

The User is informed that in the event of deactivation of the User's profile for any reason whatsoever, access to the Data from the Website will no longer be possible. However, each User retains a right of access to his/her Data in accordance with the provisions of Article 6 of these TCUs.

For the “airliquide.ca” Website, the User can also, for his/her part, deactivate his/her Account at any time by clicking on the Deactivate My Profile button in the Profile section of the account.)

For the “AL Scan Web Application”, the User can send a request to alcsupport@airliquide.com or call 1 (833) 935- 3252 to deactivate the account.

11. Warranty & Liability

THE WEBSITES, INCLUDING THEIR CONTENT AND MATERIALS, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. AL shall not be liable for any damage resulting directly or indirectly from (i) viruses, bugs or any program or application incompatible with the User's infrastructure, (ii) a malfunction of any of our Websites and in particular a failure or error, a loss of data, an inability to access the Websites; (iii) all the devices set up by the User to access the Websites and in particular the hardware and software elements, and telecommunications networks.

Access to the information available on ourWebsites is provided by a Terminal and a communications network which are the responsibility of the User. Consequently, AL assumes no responsibility for the circulation of information and Data, availability and access to the Websites.

12. Survivorship

The provisions of the TCUs which, by their nature or wording, are intended to continue to apply after the termination of use of the Websites for any reason whatsoever, and in particular the provisions of Articles "Registration and Terms of Access", "Website Functionalities", "User Behaviour", "Intellectual Property", "Liability", "Suspension, Deactivation and Removal of Account Access" and "Survivorship" remain in force following such use.

13. Notification

AL sends notifications to the User in particular in the following cases:

  • notification of deletion or deactivation of the Account;

AL notifications are sent by email to the address indicated by the User at the time of registration or are posted on the Websites.

Notice of update of the Terms and Conditions of the Website(s) are posted on the “airliquide.ca” Website. We encourage you to consult the website on a regular basis.

14. Nullity - Entirety - Title

If one or more provisions of the TCUs are deemed invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall remain in full force and effect.

In the event of difficulties of interpretation between any of the headings of the clauses and any of the clauses, the titles shall be excluded and the content of the clause concerned shall prevail.

15. Updating the TCUs

Air Liquide may modify these TCUs at any time and without notice. The date of their last modification is written at the beginning of the document. Please review them periodically for this reason. Any changes or additions to these Terms of Use are effective when posted. You will be notified of a change by posting a message on the Air Liquide website.

16. Applicable law - Competent jurisdiction

The TCUs shall be interpreted and enforced in accordance with the applicable laws of the Province of Quebec. The parties agree to irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec, in the judicial district of Montreal, in order to settle any conflict, claim or dispute arising out of the TCUs or the services related thereto.

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