TERMS AND CONDITIONS OF THE WEBSITE

Adopted on May 1, 2025

The website www.recessthermalstation.com (hereinafter the “Website”) belongs to Recess Thermal Station Inc. (“Recess”) and aims to provide information about Recess, its business, services and products, as well as interact with its clients. The Website also allows clients and users to purchase goods and services offered by Recess, as well as book time slots to receive these services. This Website includes text, images, audio and video clips, software, graphics, interfaces or codes, and other elements (collectively, the “Content”) provided by or licensed to Recess, the whole for informational purposes only.

These Terms govern your use of all Website features, as provided by RECESS. Please take the time to read these Terms carefully as they contain conditions relating to your use of the Content, the Website or your navigation thereon.

1. Acceptance of Terms

   BY ACCESSING THE WEBSITE OR DOWNLOADING CONTENT, YOU AGREE TO BE BOUND, WITHOUT LIMITATION OR RESERVATION, AND ARE DEEMED TO HAVE ACCEPTED THE TERMS AND CONDITIONS RELATING THERETO (THE “TERMS”). IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS, WE ASK YOU TO STOP BROWSING THE WEBSITE AND LEAVE IT IMMEDIATELY. ALSO, IN THE EVENT THAT YOU DO NOT COMPLY WITH THESE TERMS, RECESS RESERVES THE RIGHT TO RESTRICT YOUR ACCESS TO THE WEBSITE, THE WHOLE WITHOUT PRIOR NOTICE AND WITHOUT PREJUDICE TO ANY OTHER RIGHTS THAT RECESS MAY HAVE.
   
   
   

2. USE OF THE WEBSITE

   The Website aims to facilitate the distribution of general information regarding products and services offered by RECESS in the normal course of its business and to initiate contact between RECESS and its clients. In this regard, you may view it, subject to what is described below, download and print certain portions of it.

   The information found on the Website and the Content is provided for informational purposes only and is provided to you on an “as is” and “as available” basis. RECESS makes no representations or warranties regarding the accuracy or completeness of the information contained on the Website or its Content.

   By using the Website and Content, you agree to the following:

   • not to use the Website or Content, or allow or facilitate its use by any person, in a manner that constitutes or encourages the commission of a criminal or civil offence or infringement of intellectual property rights, or in a manner that violates any law or regulation or disrupts Recess’s operations;
     
     

   • not to use the Website or Content, or allow or facilitate its use by any person to publish any Content which, in the opinion of a reasonable person, constitutes a violation of a person’s privacy, an infringement of a person’s physical or moral integrity, or constitutes defamatory, abusive, racist, violent, hateful or intimidating content, and not to publish on the Website any Content including ethnic or homophobic slurs or offensive to any religion or spiritual belief, as well as any attack on a particular person or group of persons;
     
     

   • not to use the Website or Content, or allow or facilitate its use by any person without reading and accepting the terms of any separate licence agreement or conditions provided by RECESS, including the other provisions of these Terms;
     
     

   • not to engage in any conduct or make any statements towards RECESS employees, suppliers, mandataries or representatives that constitute harassment or abuse, whether verbal, written or otherwise;
     
     

   • not to create or participate in the creation of a website reproducing, in whole or in part, the Website, the Content or any RECESS trademark;
     
     

   • not to use the Website or Content, or allow or facilitate its use by any person to transmit any communication which, in the opinion of a reasonable person, constitutes advertising, marketing, spam or any other form of solicitation;
     
     

   • not to use the Website or Content, or allow or facilitate its use by any person to publish Content that a reasonable person would consider rude, obscene, indecent, vulgar, or sexually suggestive or offensive to standards of public decency.

   Finally, you acknowledge that you are solely responsible for ensuring that your systems are capable of using the Website. IT IS RECOMMENDED THAT YOU USE AND UPDATE ANTIVIRUS, ANTISPYWARE AND FIREWALL SOFTWARE ON YOUR SYSTEMS THAT PROVIDE ACCESS TO THE WEBSITE.
   
   
   

3. PRICING, BOOKINGS, CANCELLATIONS/MODIFICATIONS AND RETURNS/EXCHANGES
   

   1. Pricing and payment
      All prices shown on the Website are in Canadian dollars (CA). When a user is located outside Canada, a local currency conversion will be automatically performed by their financial institution. Prices are subject to change without notice. Any discount, coupon, offer or promotion (the “Promotions”) is valid only for the specified period and can only be applied if all conditions are met. Unless otherwise specified, different Promotions cannot be applied simultaneously. Any payment made through the Website must be effected using a valid credit card or a gift card duly issued by RECESS. Transactions performed on the Website are processed on a secure server using SSL (Secure Socket Layer) technology.
      
      

   2. Bookings
      Any booking made through the Website requires a valid credit card. The amount for selected services will be charged to the card on the booking date. On the day of the booking, the user must bring the same card that was used for the booking.
      
      

   3. Cancellation, modification, returns, and exchanges
      Unless otherwise provided by laws applicable to these Terms or expressly indicated by RECESS, no purchase is refundable or exchangeable.
      
      Bookings made for services offered by RECESS can be cancelled or modified at any time up to twelve (12) hours before the booking unless otherwise agreed between RECESS and the client. This cancellation or modification can be done directly through the client’s account on the Website.   
      
      
      

4. MONITORING
   
   In order to provide quality content on the Website, RECESS reserves the right to monitor any Content posted by you on it, if applicable, to ensure compliance with these Terms. You hereby consent to such surveillance.
   
   Notwithstanding the foregoing, RECESS makes no representation that the Website will be monitored for compliance with these Terms or that it will take any action in the event of a disagreement regarding compliance with these Terms.
   
   
   

5. COOKIES

   1. What is a cookie?
      A cookie is a small electronic file installed by your browser on your device when you visit a website. It collects certain information to improve your browsing experience and saves your preferences.
      
      

   2. Definitions
      - Browser: software used to access the Internet (e.g., Microsoft Edge, Chrome, Firefox, Safari).
      - Device: computer, smartphone, tablet, or any other device used to access the Internet.
      
      

   3. Cookie Types
      - Temporary: present only during a browsing session and deleted from your device when you close the browser.
      - Persistent: stored on your device by the browser and can be retrieved by the website’s server during a subsequent visit until deleted.
      
      
      

   4. Categories of Cookies We Use

      We use the following categories of cookies :
      
      - Essential cookies: required for the proper functioning of the Website and cannot be disabled (e.g., security, navigation, etc.)
      - Preference cookies : save your choices (e.g., language, region, video and audio settings). By keeping them active, your preferences will be saved for your next visit.
      - Statistical cookies :  collect anonymous data about site usage to improve its content and performance.
      - Marketing cookies : used for advertising purposes to provide you with relevant content based on your interests. The purpose is to show ads that are relevant and engaging to the individual user and thus more valuable to publishers and third-party advertisers.
      
      

   5. Consent and Retention Period
      During your first visit, a consent banner is displayed allowing you to accept, refuse, or customize the use of non-essential cookies. The preferences expressed at that time will be retained and respected for a reasonable period, in accordance with privacy best practices. This period is intended to ensure that consent remains valid and informed.

      At the end of this period or in the event of a significant amendment in cookie usage, users may be asked to renew their consent.
      
      
      

   6. Settings and Consent Withdrawal
      You can modify your preferences, change the default value or withdraw your consent at any time:
      
      - By accessing our cookie management banner; or
      - by modifying your browser settings by following the instructions it provides.
      
      Refusing certain cookies may limit access to some website features or affect the quality of your browsing experience.
      
      
      

   7. Use of Third-Party Tools (e.g., Google Analytics, Social Media)
      We also use third-party tools such as Google Analytics to analyze traffic on our Website. The collected data is anonymized and used for statistical purposes only. However, anonymous data generated by Google Analytics may be shared with other Google services.
      
      Our sites may contain links to third-party sites. These are governed by their own terms of use, which do not replace or cancel these Terms. 
      
      These third-party services (Facebook, Instagram, YouTube, X, LinkedIn and TikTok) may also use cookies and collect data when you interact with their embedded content on our Website. Cookies installed by our partners are subject to these platforms’ policies.
      
      
      

   8. Information collected by cookies
      Cookies may collect data such as:
      
      - IP address, type of device and browser
      - Viewed pages, clicks and interactions
      - Preferred language and region
      - Anonymized session ID
      
      
      

   9. Protection of Personal Information
      The use of the Website may result in the collection of certain personal information. To learn more about the nature of collected data and our practices regarding the collection, use, communication and retention of your personal information, as well as your rights when visiting and using our Website, please consult our Privacy Policy: https://recessthermalstation.com/politique-de-confidentialite. This Privacy Policy forms an integral part of these Terms and conditions.
      
      
      

   10. Contact Us
       For any questions or requests regarding the use of cookies or the protection of your personal information, please contact our Person in charge of the protection of personal information at the following address: RPRP@recessthermalstation.com
       
       
       

6. Terms and Conditions Relating to the Content
   

   1. The Content of the Website is not a Reflection of RECESS's Opinion
      The opinions, comments or views contained on the Website represent only the opinions or views of their authors and should never be interpreted as those of RECESS or its third-party providers. You acknowledge that RECESS or its third-party providers cannot be held liable and consequently have no responsibility for any user-generated Content on the Website, including but not limited to any defamatory, hateful or otherwise offensive Content, notwithstanding the fact that the Content violates these Terms.
      
      
      

   2. Deletion of Content that Does not Comply with These Terms
      RECESS reserves the right to delete, at its sole discretion, any Content it deems contrary to the terms or spirit of these Terms without any prior notice.
      
      
      

   3. Disclaimer—User-Generated Content
      RECESS disclaims any liability for the collection, use or subsequent disclosure of personal information that you voluntarily or involuntarily choose to make public on its website. RECESS has no control over how third parties may use it.
      
      We recommend that you exercise caution and not include sensitive personal information in this public content.
      
       

7. User Behaviour
   

   1. Hacking and Reverse Engineering
      You undertake not to infringe or damage the Website. More particularly, you undertake not to overload, disturb, hack, modify the source code of the Website or reverse engineer the Website or any associated software. Furthermore, you agree not to interfere with the use of the Website by other users.
      
      

   2. Access to the Website
      You agree to only access the Website through the http protocol using an Internet browser. You agree not to attempt to access Recess’s servers by any means, including through the use of the administrator’s account. You also agree not to expose or allow the use of any Content on the Website that is not publicly accessible. 
      
      

   3. Personal Use Only
      The use and navigation of our Website are for your personal use only. You are strictly prohibited from impersonating a third party while using, creating an account, or browsing our Website. You agree not to open more than one account on the Website.
      
      

   4. Collection of Information
      You agree not to use any automated or manual processes, software or other means or methods to, namely, access, collect information, browse or otherwise scan the Website. 
      
      

   5. Use of the Website for Authorized Purposes Only
      You agree not to use the Website for any other purpose, commercial or otherwise, not expressly authorized by these Terms.
      
      
      
      

8. Intellectual Property
   

   1. License Granted to RECESS
      By submitting Content to the Website, you grant us an unlimited, perpetual, transferable and non-exclusive license to the Content posted on the Website. You allow us to post it on the Website. The Content may be reproduced, reused, redistributed or modified in any manner or form without your prior consent.
      
      

   2. License Granted by RECESS
      Because of your browsing on the Website, we grant you a limited and non-exclusive license to the Content, allowing you to display, print it for your personal and non-commercial purposes, and share it on different social networks, provided you undertake not to modify the Content in any way. Any other use of the Content is prohibited. The Content may not be reproduced, reused, redistributed in any manner or form except as permitted under these Terms without the prior written consent of RECESS.
      
      

   3. Trademarks
      All Content on the Website belongs to RECESS or to the holder identified by RECESS, and is protected by applicable laws, including copyright laws. You are strictly prohibited from copying, reproducing, publishing, reposting, transmitting or using it in any manner without our prior written consent, other than in accordance with these Terms.
      
      Furthermore, all trademarks, whether registered or not, and all trade names contained on this Website belong to RECESS or to the holder who has validly granted a license to use.
      
      
      

9. Third-Party Websites
   

   1. Links
      Our Website may contain links to other websites owned by third parties. In this regard, you acknowledge that RECESS has no control over these websites and that it has not reviewed all content available on the websites that are linked in the Content of the Website. Therefore, RECESS disclaims all liability for any website content over which it has no control. By accessing a website through a link in the Content of the Website, you do so at your own risk.

      
      Finally, you acknowledge that the inclusion of such links does not in any way imply that RECESS endorses the trademarks, trade names, service marks, designs, logos, symbols or other copyrighted materials posted thereon, that RECESS is affiliated or associated with them, or that RECESS is legally authorized to use them.
      
      

10. Indemnification

To the extent permitted by law, in the event of any third-party claim against RECESS or its representatives or mandataries relating directly or indirectly to the breach of these Terms by you, you undertake to indemnify, defend and hold harmless RECESS from any loss in connection with such claims, including legal fees.

11. Exclusion of Warranties and Limitation of Liability

RECESS TRIES TO PROVIDE THE WEBSITE IN A SECURE FRAMEWORK AND IN AN ENVIRONMENT WITHOUT DEFAULT. HOWEVER, YOU AGREE THAT YOUR USE OF THE WEBSITE AND YOUR ACTIONS OR OMISSIONS BASED ON THE INFORMATION PROVIDED ON THE WEBSITE ARE AT YOUR OWN RISK. RECESS PROVIDES THE WEBSITE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES AS TO THE ACCURACY OF THE INFORMATION. THERE IS ALSO NO WARRANTY THAT THE WEBSITE IS FREE FROM ERRORS OR THAT IT WILL ALWAYS OPERATE WITHOUT INTERRUPTION, DELAY OR IMPERFECTION. TO THE EXTENT PERMITTED BY LAW, RECESS ASSUMES NO LIABILITY TOWARDS YOU OR ANY OTHER PERSON FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, THAT YOU MAY SUFFER, DIRECTLY OR INDIRECTLY, FROM THE USE OR OPERATION OF THIS WEBSITE, THE INFORMATION CONTAINED THEREIN, YOUR ACTIONS OR OMISSIONS BASED ON THE INFORMATION PROVIDED ON THE WEBSITE OR ITS CONTENT OR ANY OTHER WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE.

12. General Provisions
    

    1. Waiver
       The failure or delay by RECESS to exercise any right, remedy or privilege under these Terms shall not constitute a waiver of any such right, remedy or privilege. Similarly, RECESS is in no way precluded from subsequently exercising any right, remedy or privilege that it may not have previously exercised, in whole or in part.
       
       

    2. Applicable Law
       These Terms, their interpretation, performance, application, validity and effects are subject to the laws in force in the Province of Quebec and the laws of Canada applicable in the Province of Quebec governing in whole or in part all of the provisions contained herein. To the extent permitted by law, any claims, directly or indirectly, hereunder shall be subject to the exclusive jurisdiction of the courts of Quebec, excluding the courts of any other jurisdiction.
       
       
       

13. Amendment

RECESS reserves the right, in its sole discretion, to modify the Website, the Content and these Terms at any time without notice. When amendments are made to the Terms, RECESS undertakes to change the date of the last update indicated above. By continuing to browse the Website, you agree to be bound by these Terms, including any amendments thereto. Otherwise, your only recourse is to stop using the Website.