Terms of use and user privacy policiers for end users

Last Updated: Monday, June 16, 2025

PLEASE READ THE DEFINITIONS CAREFULLY (SECTION 2)

1 – GENERAL TERMS OF USE AND ACCEPTANCE

The PRESENCE platform is operated by RESERVATION PRESENCE, a Quebec‑incorporated company whose head office is located at 80D RUE NÉRON, CHICOUTIMI, G7H 8B7.

PRESENCE provides its CLIENTS with a platform that enables online appointment booking, reservation management, and various administrative features.

By using any feature of the PRESENCE platform, the USER confirms acceptance of the Terms of Use and Privacy Policies. Acceptance and use of PRESENCE constitute a Legal Agreement Contract between you (the USER) and RESERVATION PRESENCE regarding the operation of and access to PRESENCE.

USERS of the PRESENCE web platform voluntarily choose to use the platform and are responsible for taking all necessary measures and precautions to comply with all applicable local, provincial, and federal laws and regulations. Acceptance of the Terms of Use and Privacy Policies constitutes a Legal Agreement Contract that is interpreted and governed under the laws of the Province of Quebec, without regard to conflict‑of‑law principles.

RESERVATION PRESENCE reserves the right to modify the Terms of Use and Privacy Policies of the PRESENCE web platform at its discretion, without notice, at any time.

RESERVATION PRESENCE reserves the right to accept or refuse your reservation request submitted through the platform.

RESERVATION PRESENCE may ban any USER at any time, without notice, if violations of the Terms of Use or Privacy Policies have occurred, and no refund will be issued.

By becoming a USER or CLIENT of the PRESENCE web platform, you consent to receiving informational emails, promotional messages, update notices, and any other communications deemed relevant in connection with the operation of the PRESENCE platform.

2 – DEFINITIONS

“RESERVATION PRESENCE” refers to the Quebec‑incorporated company that owns, manages, publishes, and administers the web platform.

“PRESENCE” refers to the web platform made available to USERS and CLIENTS.

“USER” refers to any visitor and/or person who uses the PRESENCE web platform to make a reservation, view offers, or search for information.

“CLIENT” refers to any individual or legal entity that uses the PRESENCE platform to offer online reservations to their own customers and to access management features.

“Legal Agreement Contract” refers to the agreement between RESERVATION PRESENCE and the USER that takes effect when the USER accesses or uses the PRESENCE web platform.

The Legal Agreement Contract represents a bilateral consent agreement between all parties involved in the PRESENCE web platform regarding the Terms of Use, Privacy Policy, and the responsibilities of RESERVATION PRESENCE.

“Services” refers to all actions undertaken by RESERVATION PRESENCE to ensure the PRESENCE web platform operates at full capacity and encourages USERS to use it.

“Content” refers to all elements found within the PRESENCE web platform, including text, images, logos, information, promotional offers, emails, and any other elements published by the CLIENT.

3 – ELIGIBILITY

The information you provide must always be accurate, complete, truthful, and up to date.

It is prohibited to use someone else’s identity to access or use the PRESENCE web platform.

To make a reservation, you must be at least 18 years old and legally capable of entering into a binding contract.

4 – USER / ADVERTISER ACCOUNTS AND IDENTIFIERS

Each USER is fully responsible for all activity performed on the PRESENCE platform through their account, postings, or displayed information.

Each CLIENT is solely responsible for maintaining the confidentiality of their password. It must not be shared with anyone and must be kept secure.

It is the responsibility of both USERS and CLIENTS to ensure the accuracy of the information they publish on the platform.

Each USER or CLIENT is responsible for how they navigate and log out of the PRESENCE platform after use.

The USER or CLIENT agrees to contact RESERVATION PRESENCE as soon as possible if the security of their account or information may have been compromised.

The USER agrees that the email address they provide will be the one RESERVATION PRESENCE uses to send all communications related to platform activity.

Once an email has been sent by the PRESENCE web platform to the provided email address, RESERVATION PRESENCE considers it received.

5 – RULES OF USE

By using the PRESENCE web platform as a CLIENT or USER, you agree NOT TO:

Create one or more false identities or accounts to increase your chances of obtaining rentals or reservations.
Share photos and/or messages that are obscene, hateful, defamatory, illegal, fraudulent, pornographic, or out of context.
Harm someone’s reputation, harass, insult, threaten, or invade the privacy of individuals or businesses.
Collect images that are not your property, or collect personal information such as email addresses or content published by CLIENTS.
Provide false information or intentionally omit details that could mislead USERS or CLIENTS.
Use the PRESENCE platform to distribute surveys, unrelated service offers, spam, contests, pyramid schemes, or any content that could harm the quality of the Services or Content offered on PRESENCE or by RESERVATION PRESENCE.
Redistribute, use, export, save, or modify content that is not your property or that you are not authorized to use.
Use bots or software to exploit the PRESENCE platform without authorization from RESERVATION PRESENCE.
Use hyperlinks that redirect your listings or information to a competitor’s website or any entity competing directly or indirectly with RESERVATION PRESENCE.
Perform any action that could compromise the proper functioning, reliability, reputation, or viability of the PRESENCE platform, including uploading content that could endanger the security of data, personal information, or the platform’s virtual infrastructure.

6 – COMMUNICATION AND BEHAVIOR BETWEEN USERS

RESERVATION PRESENCE, through its PRESENCE web platform, is not responsible for the behavior of users or for the content of communications exchanged between CLIENTS and USERS.

All users must maintain respectful and courteous behavior, failing which they may be banned from the platform.

PRESENCE is a platform designed to offer reservation services provided by CLIENTS to USERS.

RESERVATION PRESENCE does not take part in any contract or legal agreement related to reservations or any other arrangement between users.

A reservation request made through PRESENCE is concluded solely by the CLIENT.

RESERVATION PRESENCE disclaims any association with political movements, opinions, ideologies, or offensive statements that may appear on the PRESENCE web platform or its social media pages.

Please report any content or behavior you consider offensive to: info@reservationpresence.com

7 – PUBLICATION, CONTENT, AND CONTACT INFORMATION

PRESENCE provides features allowing USERS to publish photos, text, and other types of content, as well as offers that may be viewed by other USERS for the purpose of promoting a product or service.

By using the PRESENCE platform, you grant RESERVATION PRESENCE a worldwide, non‑exclusive, perpetual, permanent, unlimited, royalty‑free license to reproduce, adapt, modify, distribute, store, and use your content in order to provide the services you may require, directly or indirectly.

By using the platform, you also agree to waive all moral rights associated with your content. You consent to having your contact information attached to your content and displayed on the platform.

Your use of the PRESENCE platform also implies that you understand RESERVATION PRESENCE cannot be held responsible for any damage, corruption, or loss of your content.

RESERVATION PRESENCE cannot be held responsible for any conflict arising from the use or publication of your content.

RESERVATION PRESENCE reserves the right to remove any content it deems inappropriate, without notice or compensation.

You agree never to modify, copy, distribute, or resell our trademarks or patents.

If you believe that we have infringed your rights in any way, or if a listing contains illegal content, please contact RESERVATION PRESENCE customer service for investigation: info@reservationpresence.com

PRESENCE cannot be held responsible for omissions or errors in the information displayed, nor for any resulting losses or damages.

8 – WARRANTY DISCLAIMER, RELEASE, AND LIMITATION OF LIABILITY

You are required to indemnify RESERVATION PRESENCE and its employees, at your own expense, against any lawsuit, debt, damages, costs, expenses, claims, or demands (including legal fees), arising directly or indirectly from your activities on the PRESENCE platform.

We do not guarantee that the platform is free from anomalies, errors, or technical bugs.

We reserve the right to interrupt our services to correct such issues, for an indefinite period.

Accordingly, RESERVATION PRESENCE cannot be held responsible for damages or issues such as loss of income, profits, visibility, opportunities, or any other damages resulting from service interruptions on the platform.

PRESENCE is not responsible for unwanted emails, “spam,” pop‑ups, or unsolicited communications caused by third‑party activities beyond our control.

We are not responsible for any inconvenience caused by such third parties.

Under no circumstances can RESERVATION PRESENCE, its directors, partners, or employees be held liable for inconveniences resulting from the use of our services, the platform, or the information and content available on it.

We do not guarantee the accuracy of the information and content found on the site and assume no responsibility for potential errors or omissions.

RESERVATION PRESENCE is not responsible for delays, disruptions, interruptions, or failures (intentional or not), of the website, its content, or its services.

The Legal Agreement Contract governing the use of the PRESENCE platform by CLIENTS and USERS constitutes an obligation of means, not an obligation of results.

The CLIENT and USER agree not to hold RESERVATION PRESENCE responsible if the platform does not produce the expected results.

9 – WRITTEN COMMUNICATIONS

Applicable laws require that certain communications be provided in writing.

By using our website, you agree that such communications may be delivered electronically and that they carry the same legal value as written documents.

10 – INDEMNIFICATION

RESERVATION PRESENCE does not guarantee the accuracy of content provided by CLIENTS and USERS.

CLIENTS and USERS must release RESERVATION PRESENCE from any lawsuit or claim for damages made against it.

Any claim related to damages caused by incorrect information or misuse of information available on the platform will be refused.

CLIENTS and USERS must indemnify RESERVATION PRESENCE for any claim (including legal fees, penalties, and interest), that RESERVATION PRESENCE may incur due to the way the CLIENT or USER used information found on the PRESENCE platform.

11 – SERVICE MODIFICATIONS AND FORCE MAJEURE

RESERVATION PRESENCE reserves the right to modify the Content and Services available on PRESENCE.

Modifications are made to improve or update the Content and Services offered to CLIENTS and USERS.

These modifications may include adding Services or features, changing the Terms of Use or Privacy Policies, updating the Legal Agreement Contract, performing maintenance, or conducting verifications.

Such modifications may temporarily interrupt access to PRESENCE and may result in lost reservation opportunities or reduced visibility for CLIENTS and USERS.

Force majeure events may also cause outages, reduced platform performance, or inability to access PRESENCE for an indefinite period, potentially resulting in lost visibility or reservation opportunities.

Modifications or force majeure events may also cause data loss, content variations, service unavailability, or lost reservation opportunities.

It is therefore the responsibility of CLIENTS and USERS to keep copies of all important information or documents related to PRESENCE.

By using the PRESENCE web platform, you acknowledge and accept the above‑mentioned risks related to modifications and force majeure, and you agree not to hold RESERVATION PRESENCE responsible for lost visibility, lost reservation opportunities, data loss, document loss, or delays in the execution of Services or Content.

12 – PLATFORM OPERATION, FUNCTIONALITY, AND ACCESSIBILITY

PRESENCE cannot guarantee that its platform is free from errors of any kind.

It also cannot guarantee continuous operation or compatibility with hardware other than what PRESENCE has confirmed.

RESERVATION PRESENCE is not responsible for malfunctions caused by external software, whether or not such software is included on the website.

Under no circumstances can RESERVATION PRESENCE be held responsible for inconveniences (loss of profits, revenue, opportunities, or any other issues) caused to USERS or CLIENTS by temporary or permanent interruptions of the website’s activities or services.

13 – UNSOLICITED EMAILS

Sending unsolicited emails to CLIENTS or USERS through our platform is strictly prohibited.

Anyone violating this rule may have their access to the platform revoked at the sole discretion of RESERVATION PRESENCE.

Please note that third parties outside of our control may still send unsolicited emails to CLIENTS or USERS. We are not responsible for any losses, inconveniences, or damages resulting from such actions.

14 – DATA USAGE

RESERVATION PRESENCE assumes no responsibility for mobile data charges or any other fees related to communications, postings, or data transfers performed through the platform.

It is the USER’s responsibility to check with their service providers to understand the costs associated with their use of PRESENCE.

15 – COPYRIGHT AND INTELLECTUAL PROPERTY

RESERVATION PRESENCE owns all intellectual property rights related to the material published on the PRESENCE platform and all communications outside the platform.

It is not our intention to claim ownership of the material published on the platform.

However, by uploading or submitting material to the platform, you grant us the necessary permissions to use such information in the course of RESERVATION PRESENCE’s business operations.

This includes the right to transmit, copy, reproduce, translate, modify, and display the material you publish on the platform, including on our sub‑sites and social media, without limitation.

By submitting information or files, you guarantee that you hold all intellectual property rights to the content or that you are authorized to use it.

All information, images, text, multimedia content, articles, software, and code available on PRESENCE are protected by Canadian law, including copyright law, and belong to RESERVATION PRESENCE.

It is strictly forbidden to use any trademark appearing on PRESENCE or on any site accessible through PRESENCE without written authorization from RESERVATION PRESENCE.

16 – TRADEMARK

RESERVATION PRESENCE is a registered trademark under applicable Quebec and Canadian laws. No third party may use this trademark without prior written authorization from RESERVATION PRESENCE.

17 – TRANSFER OF RIGHTS AND OBLIGATIONS

You may not transfer your obligations and/or rights under this document to another person without prior written authorization from RESERVATION PRESENCE.

RESERVATION PRESENCE, however, may transfer its rights and/or obligations at its discretion.

18 – COOKIES

PRESENCE uses cookies to provide you with the best possible service.

Cookies collect data related to your use of the website, including your IP address.

They do not collect personal information.

Through cookies, third‑party sites generate reports that help us improve the USER experience and offer personalized suggestions.

You may refuse the use of cookies at any time through your browser or computer settings. However, doing so may limit certain platform features.

19 – STATISTICS

PRESENCE compiles usage data in order to understand USER interest in the various sections of the platform.

The information collected is handled exclusively by our managers, subcontractors, or employees, with the goal of providing the best possible service to USERS.

20 – EXTERNAL WEBSITES

PRESENCE may contain links to external websites whose content cannot be influenced or controlled by our organization.

We cannot be held responsible for the content of these external sites or for how you choose to use them.

We have no involvement in any financial transactions you may conduct on these external sites, nor in any related activities, and we assume no responsibility toward you or these third‑party sites.

Please be aware that these external sites or links displayed on our page are not affiliated with us, and we do not endorse the opinions or information shared on those sites.

21 – SECURITY

The data collected by our organization is handled confidentially by our employees, managers, and subcontractors.

However, we cannot be held responsible for any data breaches that occur beyond our reasonable control.

22 – APPLICABLE LAW

This document is governed by the laws of the Province of Quebec and the applicable federal laws of Canada, without regard to conflict‑of‑law principles.

In the event of a dispute, you agree to submit to the jurisdiction of the judicial district of Chicoutimi, in the Province of Quebec.

23 – PRIVACY POLICY

Personal information is collected at the time of reservation, such as your name, address, location, or any other details necessary for our services. This information is used solely to provide online reservation services.

Non‑identifying information is also collected. This data may be shared with partners for analytics and advertising purposes, but it will never reveal your identity or personal details.

Information is used for the following purposes:

Efficient transaction processing
Statistical analysis
Protecting the security and proper functioning of PRESENCE
Continuous improvement
Publishing update notices
Sharing information about services offered by PRESENCE

RESERVATION PRESENCE retains this information for as long as it deems necessary, at its discretion, or according to legal retention requirements applicable to the type of information.

By providing your personal information, you consent to it being transmitted to and stored on our servers and those of third parties.

When browsing PRESENCE, your internet data (such as device identifier, location, IP address, user agent, and more) is automatically recorded.

We may provide your information to third parties in accordance with applicable laws and regulations, including service providers and certain authorities such as regulators or police, when necessary for the prevention or investigation of criminal offenses such as fraud or theft.

Given the nature of the PRESENCE website, which involves financial transactions, we strongly recommend that you pay close attention to the information you disclose.

You are responsible for the information you share with others. We cannot be held responsible for fraud or guarantee the security of information you provide to third parties or receive from them.

We recommend logging out after each session when using shared internet access points and ensuring that your firewall is active in such environments.

If you use a shared computer, it is your responsibility to delete the browsing history of the web browser you used.