Terms and conditions
Please make sure you have read and understood the terms and conditions relating to any subscription request to Lead Me Technologie inc. and any use of products and services. We will not allow you to subscribe or use the products and services if you don’t confirm that you accept the terms and conditions contained herein.
All our products and services aren’t an offer from Lead Me Technology inc. to sell you a product or service but an invitation to present an offer to us. We are free to accept or reject any offer, without giving you a reason, in our sole discretion. Without limiting the generality of the foregoing, Lead Me Technologie inc. may limit subscriptions, products and services to certain geographic areas or jurisdictions. Lead Me Technology inc. exercises its discretion case by case and may, at any time, reassess its decision and, if necessary, terminate the subscription. When you use our electronic subscription request form, you will receive an email confirming receipt thereof. The email shouldn’t be interpreted as approval of your offer. If Lead Me Technologie inc. accepts your offer, you will receive an email confirming your order and subscription.
APPLICABLE TERMS AND CONDITIONS TO SUBSCRIPTIONS
Purpose and contract
These constitute the terms and conditions applicable between you and Lead Me Technologie inc., and all its related companies if applicable (hereinafter “Lead Me” or “us”), forming an integral part of any subscription and administering the use of our products and services. When Lead Me accepts an offer from you, the terms and conditions contained herein will constitute a legally binding contract between the parts of the use of our products and services (hereinafter the “T & Cs”). By subscribing to any of Lead Me's services, you agree to be bound by the T&C.
Update, modification, addition or removal
Lead Me reserves the right, at its sole discretion and without prior notice, to update, modify, add or remove any services and the provisions of the T&C. When you renew a subscription or send us a new offer and request for a subscription to a service, the T&C in effect apply and remain unchanged for the duration of the subscription to that service. When Lead Me introduces new features, add-ons, or related software (that weren’t previously included in a service subscription), Lead Me may set terms and conditions or update T&C that apply to the use of such features, add-ons or associated software will take effect as soon as you use such new features, add-ons or associated software.
Eligibility and technical prerequisites
Lead Me products and services are intended for businesses only and are not intended for individuals who do not operate a business. By subscribing to a Lead Me subscription, you declare that you are acting as a trader, that you are of legal age to operate your business, that you have the authority required to legally bind it and that you accept all T&C. Use of the products and services may require specific computer equipment and access to an Internet connection. In addition, we may require the setting up of a secure and encrypted connection, such as a “Virtual Private Network” (“VPN”). You are responsible for acquiring, installing and using the hardware, making the required configurations and implementing the security measures that we will advise you from time to time, Lead Me having no responsibility or obligation in this regard.
By accepting your offer Lead Me grants you the right to use the product or service affected by your offer. The product or service is available to you on a limited license basis under the conditions defined in the T&C. You have the non-exclusive and non-transferable right, without non-sublicensed to use this product or service in accordance with the T&C. This license will automatically terminate at the end of your subscription.
You acknowledge and agree that all property rights, including all intellectual property rights directly or indirectly related to the products and services, are and remain the exclusive property of Lead Me. Therefore, the only rights granted to you are granted under Licence. Without limiting the generality of the foregoing, Lead Me is and remains the sole owner of the following elements, namely: (i) any source code or object code of the products and services; (ii) any corrected or updated version of the products and services; (iii) any new, enhanced or improved version of the products and services; (iv) any error correction, bug correction, program correction or update relating to the products and services; (v) any documentation relating to the products and services and their operation, regardless of the form and medium of any such documentation.
Prohibited uses and license restrictions
You can’t use our products and services or any part thereof to adapt or create derivative products, create a database or a competing service, or a derived database fully or partially filled with data from our products or services and/or data provided or created by a third party.
You must not attempt to circumvent any technical restrictions applicable to any product or service that we provide that allows you to use it only in a certain way. You are not permitted to download or otherwise remove copies of any software or source code for any service purchased from us, except with express written permission. You can’t “Reverse engineer”, disassemble, decrypt or decompile a product or service, nor attempt to convert it into a human-readable format in any way.
You can’t cache or store the information provided by the Lead Me API, especially identifiers, geocodes and reverse geocoding and personal information for the purpose of appropriating, using or to bypass any API functionality.
You are not authorized to license, resell, rent, lend, redistribute or otherwise transfer our products and services, unless there is a written agreement expressly providing for it. If applicable, you are also not authorized to allow multiple users to access, directly or indirectly, any functionality of our products and services that are available according to each user. Specific conditions for the reassignment of rights relating to a product or service may be included in the additional documentation accompanying this function.
In addition to the other stated prohibitions, you are prohibited from using our products and services: (a) for any illegal purpose or in violation of any law, regulation, ordinance, decision or a decree of the public authorities being applicable at the place you are or in violation of the rights of others; (b) to solicit other persons to perform or participate in unlawful acts; (c) infringe our intellectual property rights or the intellectual property rights of others; (d) for the purpose of harassing, mistreating, insulting, injuring, defaming, slandering, denigrating, intimidating or discriminating on the basis of gender, sexual orientation, religion, ethnicity, race, a person's age, national origin, or disability; (e) present false or misleading information; (f) upload or transmit viruses or any other type of malicious code that will or may be used in a way that will affect the functionality or operation of our products and services or any linked website, other websites or the Internet; (g) to collect, use or communicate personal information other than in accordance with these conditions; (h) to send unwanted emails, spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for obscene or immoral purposes; or (j) interfere with or bypass the security features of the products and services or any linked website, other websites, or the Internet.
We reserve the right to terminate your subscription, without notice or delay, if you violate any of the provisions of this article and the T&C.
Accounts and passwords
Once we have accepted your subscription request, you will receive a unique username and password allowing you to access the services of Lead Me. You are solely responsible for protecting your account and password associated with it. Lead Me may require that minimum security and password protection requirements be in place. Without limiting the generality of the foregoing, Lead Me may require that the password contain numbers, lowercase and/or uppercase letters and special characters. In addition, Lead Me may, from time to time, require you to change the password associated with your account. You must notify Lead Me if your account or password is compromised.
Subscriptions and payment terms
The prices of products and services offered by Lead Me are indicated in Canadian dollars, taxes not included. Lead Me reserves the right to modify its prices at any time. Products and services are always billed on the basis of the rates in effect at the time of registration of the request and thereafter upon renewals.
Payment of due amounts is made by:
MasterCard ™ or VISA ™ credit card; or
pre-authorized bank debit.
Payments will be taken automatically each month. Lead Me may change the accepted payment methods at any time at its sole discretion.
Your subscription to a product or service is a minimum of three (3) months and will automatically renew for the same duration as indicated in our acceptance of your offer. So that your subscription isn’t renewed automatically, you must notify us at least fifteen (15) days before its expiry date, failing which you consent to its renewal in accordance with the above. Lead Me doesn’t provide any refunds.
Collection, use and disclosure of personal information about you
Information we collect from you
We only collect the personal information we need to provide you with the services to which you subscribe and to ensure that your subscription will be paid for. Subject to an order from a competent government authority or a court of competent jurisdiction, we don’t share the information we collect about you except for the purpose of collecting amounts owed to us. Where applicable, we undertake to disclose only what is required for these purposes. For reasons related to the application of tax laws, we will retain information about you for a period of up to seven (7) years after the end of your subscription
Information collected automatically
Lead Me automatically collects general information about your use of its products and services. This information may include the IP address of your computer, the IP address of your Internet service provider, the web browser used to access the Site, the date and time of access to the service, the operations carried out during the use of the service, the navigation time on each page and the downloaded content, if applicable. General information that is collected automatically is used to improve services or for marketing, service management and system administration, or other administrative purposes. Lead Me may use general information collected automatically to create summaries relating to the use of products and services and to user habits, demographics and purchases.
BY SUBSCRIBE TO OUR PRODUCTS AND SERVICES, YOU AGREE THAT WE COLLECT, USE AND DISCLOSE PERSONAL INFORMATION ABOUT YOU AS DESCRIBED ABOVE
Lead Me may provide its customers with electronic information and notifications about the products and services it offers by email. By accepting the T&C, you agree to receive this information and notifications. You may, at any time after we have accepted your offer, choose not to receive such information and notifications.
Collection, use and communication of personal information about users of social networks
By subscribing to our services, you acknowledge that we are acting on your behalf and on your behalf in the collection, use and disclosure of personal information. In view of this and considering the exemption from liability in article 13 and the indemnity clause in article 15 of these T&C, you must know and accept the way in which Lead Me collects, uses and communicates the data collected.
Based on criteria that we will establish with you, our systems will visit publicly accessible social media pages or sites to find users of those social networks who are more likely to purchase your products or services after seeing one of your advertising. Our systems will then check whether the profiles of the users mentioned above meet one or more of the agreed criteria. This verification is carried out by consulting the so-called “public” profile and in no case does Lead Me access a profile whose parameters are configured such that the information is not publicly accessible. We only collect the user's profile ID and no other information is kept after the list is refined according to agreed criteria. We do not collect content from any post, whether it is generated in the form of text or emoticons/emojis or any other form of expression of an opinion or sentiment.
Then we generate a list of users, which is your "target audience". In order to protect the confidentiality of this list and the information it contains, you will not be able to consult all the details it contains; only the final recipient will be able to decipher it, that is the social network that will target users. The list is therefore anonymized temporarily.
You will transmit this list to the social network and, before distributing your advertisements to the users who are included in the list, the advertising service of the social network will perform a final check, whether each of the users on the list has consented or not to receive targeted advertising. Only the social network has access to this information, since it is the social network that manages its network through which your ads will be served. It is therefore possible, by way of example, that a list containing one thousand (1,000) targeted users is in fact transmitted to only 800 of them. Neither you nor we will know to whom your advertisements have been transmitted. You will be notified of the number of users who have seen your ads. You therefore rely on the fact that the social network has obtained the required consents under the legislation applicable to your country, province, state, territory or any organization authorized to regulate and govern the collection, use and communication of personal information (the “applicable law”).
In order to allow you to spread an advertising campaign over time, a list will be accessible to you for a maximum period of sixty (60) days. In order to have practices that are as compliant as possible with the terms of applicable legislation, all lists and other information are automatically destroyed every sixty (60) days. This process tends to meet several objectives in terms of the protection of personal information. In particular, the data destroyed are not kept beyond the time necessary for their use and this makes it possible to ensure their accuracy. You should be aware that a social network user can change their privacy settings at any time. It can be equivalent to withdrawing consent for publicly available information to remain so. Since the chosen social network has no knowledge of the methods used to compile a given list, consideration should be given to possible changes in the use of the information we collect for you. The social network, on the other hand, ensures that users have consented to receive targeted advertising. We are therefore not responsible if the information we provide to you is not accurate, complete or current, especially given the dynamic and evolving nature of social networks.
BY RETAINING OUR SERVICES AND USING OUR PRODUCTS, YOU AGREE TO THE PROCEDURE DESCRIBED ABOVE AND DECLARE THAT IT COMPLIES WITH THE LEGISLATION APPLICABLE TO YOU IN YOUR COUNTRY, PROVINCE, STATE, REGION, LOCALITY OR OTHER FORM OF JURISDICTION YOU ARE.
LEAD OFFERS ITS SERVICES "AS IS" WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. We've worked out a way to help your business refine its audience for digital advertising campaigns. Lead Me can’t, however, guarantee that your sales will increase or that a given percentage of targeted users will use your services or that all users on a given list will receive your advertisements. You understand and agree that Lead Me has no obligation of result to you.
LEAD ME IS NOT RESPONSIBLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH THE T&C AND YOUR SUBSCRIPTION OR ARISING FROM THEREOF, WHETHER BASED ON EXTRA-CONTRACTUAL LIABILITY, CONTRACTUAL, STRICT LIABILITY OR OTHER LEGAL OR FAIR THEORIES.
AT NO TIME WILL LEAD ME, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ITS RELATED COMPANIES BE HELD RESPONSIBLE FOR ANY CLAIM, INJURY, LOSS, ACCIDENT, PREJUDICE OR DAMAGE, DIRECT OR INDIRECT, ARISING FROM THE USE OF A PRODUCT OR SERVICE OR ANY OTHER FUNCTIONALITY PROVIDED BY IT AND THEIR USE IN CONFORMITY OR NOT, FOR BREAKAGE, DEFECTIVE OR LOSS.
TO THE EXTENT PERMITTED BY LAW AND IN ALL CASES IN WHICH LEAD'S LIABILITY MAY BE INVOLVED IN ME, THE TOTAL AMOUNT OF LEAD'S LIABILITY TO ME, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ITS COMPANIES OR AFFILIATES SUPPLIERS IS LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT (S) AND SERVICES.
We may require you to provide us with the names and contact details of a "data manager" with whom we can communicate as needed at any reasonable time if necessary. This person must have sufficient knowledge of computer data and be responsible within your company for the protection of such data.
Lead Me doesn’t guarantee total network efficiency or security. We act with diligence, but IN NO EVENT SHALL Lead Me, nor any of its directors, officers, employees, agents, or representatives, be liable for any acts of hacking or be blamed for any damage or loss that this may cause you. A product or a service can suffer occasional failures and certain programming errors can be caused by updates or by events beyond the control of the administrators.
YOU EXPRESSLY AGREE TO INDEMNIFY AND KEEP LEAD ME, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ITS RELATED COMPANIES INDEMNIFY AND KEEP IT CLEAR OF ANY LIABILITY, DAMAGES, CLAIMS, PROCEEDINGS, COSTS OR LIABILITIES WHATSOEVER INCLUDING LEGITIMATE AND REASONABLE FEES AND DISBURSEMENTS, BOTH JUDICIAL AND EXTRAJUDICIAL, WHETHER A CAUSE IS FOUNDED OR NOT THAT LEAD ME MAY BE, DIRECTLY OR INDIRECTLY, ENCOURAGE OR SUBJECT DUE TO YOUR FAILURE TO COMPLY WITH THE T&C OR IF YOU REFUSE, FAIL OR NEGLECT TO COMPLY WITH APPLICABLE LAW, WHETHER BY T&C, YOUR SUBSCRIPTION OR THE PRODUCTS AND SERVICES PROVIDED BY WE OR NOT.
Lead Me will not be responsible for the non-performance, in whole or in part, of its obligations to you, nor for any damage or loss you may suffer, if the non-performance, damage or loss results from any event force majeure or a circumstance beyond its control. You acknowledge and agree that a case of force majeure doesn’t exempt you from making the payment of any sum of money that would become due under the terms of your subscription.
All names and logos of our products and services are trademarks of Lead Me. Third-party marks mentioned herein are the property of their respective owners. Under no circumstances does the T&C or your subscription give you any license to use or other right in these trademarks.
Any notice intended for a party is deemed to have been validly given if it is in writing and sent by registered or certified mail, by bailiff or by courier, to such part at the address provided during the subscription or to any other address that the part concerned can know by a similar notice to the other part. You agree that any notice or notification will be sent to you at the email address associated with your account.
Autonomy of provisions
The possible illegality or nullity of an article, a paragraph or a provision (or part of an article, a paragraph or a provision) can’t affect in any way the legality of the other articles, paragraphs or provisions of the T&C, nor the remainder of that section, paragraph or provision, unless an intention to the contrary is evident in the text.
Lead Me's fault to require you to comply with any provision of the T&C will in no way affect its right to subsequently require you to comply. The waiver by Lead Me of its rights will not be deemed to be a waiver of compliance with this provision, except to the extent that this waiver has been evidenced in a duly signed writing.
The headings used in this Agreement are only included for convenience and will not limit or affect these terms.
The T&C and your subscription are governed by the applicable laws in the province of Quebec (Canada), except for the principles relating to conflicts of laws. You hereby acknowledge that any dispute arising out of or related to T&C, your subscription and the use of the products and services is subject to the exclusive jurisdiction of the courts of the judicial district of Quebec, province of Quebec (Canada), to the exclusion of any other jurisdiction and without regard to conflicts of laws.
Each of the United Nations conventions on contracts for the international sale of goods and the United Nations convention on the limitation period in connection with the international sale of goods are expressly excluded hereby and may not apply here or to your subscription.
You declare that you accept that all communications between you and Lead Me, as well as any proceedings that there may be between you and Lead Me, be done in the language of these T&C