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Member's Club Program Terms & Conditions

 

GSM DÉPÔT MEMBERS PROGRAM TERMS & CONDITIONS

 

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR PARTICIPATION IN OUR MEMBERSHIP PROGRAM, INCLUDING YOUR RIGHTS, OBLIGATIONS, AND LIMITATIONS. BY ENROLLING IN THE MEMBERSHIP, YOU AGREE TO BE BOUND BY THESE TERMS.

1.     GENERAL

The terms and conditions set forth below ("Terms and Conditions") apply to the GSM DÉPÔT Members Program ("Members Program"). These Terms and Conditions are between you ("Member" or "you") and GSM DÉPÔT ("GSM", "we" or "us"). By registering for, joining or using the Members Program, you hereby consent to enter into an electronic agreement and for GSM to send you electronic communications about your Members Program ("Membership"). You also acknowledge and agree to the terms outlined in these Terms and Conditions, including our commitments regarding the collection, use, and protection of your personal information as set forth in the GSM’s Privacy Policy as it may be amended from time to time.

2.     CONSENT TO ELECTRONIC COMMUNICATIONS

 

By registering, joining or using the Members Program, you are consenting for GSM to send you electronic communications about the Members Program and your Membership.

 

You consent to receive communications relating to your Membership in electronic form. The communications covered by your consent may include, but are not limited to: (i) any initial disclosure statement or agreement governing your Membership, including these Terms and Conditions; (ii) any disclosure required by federal, state, provincial, territorial or local law; (iii) any letter, notice or alert regarding your Membership, including, but not limited to, notices regarding expiration and renewal of your Membership, and any change to your Membership; and (iv) any other disclosures, notices or communications in connection with the application for, opening of, and maintenance of your Membership. Such electronic communications may include your name and certain information about your Membership, including the expiration date of your Membership and Membership renewal fee. Electronic communications may be reviewed by any party, including us, with access to your Membership, the email account you have provided to us for delivering these communications, or the hardware or software you use to view your Membership information or your email account.

 

You may not apply online for a Membership, and you may not register your Membership for online services (including electronic statements or mobile alerts), unless you also provide your consent to receive electronic communications. If you have registered for online services (such as electronic statements or mobile alerts) and you subsequently wish to withdraw your consent to receive future electronic communications, you must withdraw your consent to stop receiving electronic communications. Any withdrawal of your consent to electronic communications will be effective only after a 10-day delay, to process such withdrawal request. You can withdraw your consent through your online account with GSM (at “Account” at gsmdepot.com) or by emailing support@gsmdepot.com or by calling 1-888-476-4763.

 

You agree to promptly update your contact information, including your email address, if it changes, by providing such updated information through your online account with GSM (at gsmdepot.com) or by emailing support@gsmdepot.com or by calling 1-888-476-4763.

 

In order to access your Membership and any related electronic communications, you must have a computer, mobile device or other device with Internet-browsing capabilities; an SSL-enabled web browser that supports HTML 5, JavaScript and CSS3; an Internet connection; and sufficient electronic storage capacity on your hard drive or other data storage facility, or a means to print or store notices and information through your browser software. Such hardware or software requirements may change from time to time. We will post on our websites offering the Members Program, any changes in such requirements that may affect your access to electronic communications related to your Membership. You should periodically check for such posted information.  

 

Upon your request, we will provide you with an electronic copy of any communication that we provide to you. If you would like a copy of any such communication, please email us at support@gsmdepot.com or call 1-888-476-4763.  

 

All communications in either electronic or paper format from us to you will be considered to be in writing. You should print or download a copy of this consent, these Terms and Conditions and any other electronic communication that is important to you for your records.

 

You acknowledge that by clicking on the "Join Now", "Sign In to Join", "Continue" or a similar button provided in connection with these Terms and Conditions, you are indicating your intent to sign up for electronic communications, and that such action shall constitute your signature.

 

GSM may contact you with GSM's marketing and email exclusives to the extent permitted by applicable law in Canada. Unsubscribing from GSM's marketing and/or email exclusives will not discontinue your Membership. If you do not wish to receive future marketing and/or email exclusives, you can request that they be discontinued by updating your settings in “Account" and/or by emailing us at support@gsmdepot.com or by calling us at 1-888-476-4763. We will seek to implement your request within a reasonable time period. Please note that Members who unsubscribe from GSM's marketing and/or email exclusives will continue to receive non-marketing emails, postal mail and other communications from GSM relating to the Members Program.

 

3.     MEMBERS PROGRAM BENEFITS

The Members Program is a paid membership program that, subject to these Terms and Conditions and applicable law, provides members with access to preferred pricing on select products designated by GSM from time to time, including power tools, home and kitchen appliances and consumer electronics. The Program is designed to offer members competitive prices that may, in certain cases, reflect pricing similar to wholesale levels or outperform publicly advertised offers. Discount levels may vary and are determined at the sole discretion of GSM.

 

These benefits are offered solely at the discretion of GSM and apply only to eligible products as designated by GSM from time to time. For greater certainty, certain products may be excluded from the Members Program benefits at GSM’s sole discretion.

 

Discounts cannot be combined with any other offers, promotions, coupons, or corporate or volume discounts, unless expressly stated by GSM. Without limiting the foregoing, the Members Program benefits cannot be used in conjunction with employee discounts. GSM may also offer certain existing or new programs, promotions, merchandise categories and other offers that are not eligible to be combined with Members Program benefits.

 

4.                 MEMBERSHIP FEE

 

Membership in the Members Program is subject to the payment of an annual fee of one hundred Canadian dollars (CAD $100.00), plus applicable taxes (“Fee”). This Fee covers a twelve (12) month period starting from the date of the Member’s initial enrollment.

 

The Membership Fee must be paid in full at the time of enrollment through your online account (at “Account” at gsmdepot.com), using a valid payment method accepted by GSM (e.g., credit card or other electronic form of payment). Membership will not be activated until the payment has been successfully processed.

 

To the extent permitted by applicable law in Canada, the Membership fee is non-refundable, including in the event that the member chooses to cancel or discontinue the Membership prior to the end of the twelve (12) month period. If your payment card is declined, we may continue attempting to process the Membership fee until the charge is approved by your card issuer.

 

You agree to provide us with alternate payment card information as needed to process any amounts owed, including the Membership fee. You also acknowledge and authorize GSM and its third-party payment service providers to request and receive updated payment card details such as new card numbers, expiration dates, or notice of account cancellation from your payment card issuer or payment network.

 

Please note that the Membership fee is subject to change from time to time at the sole discretion of GSM, in accordance with and subject to the terms and procedures set out in Section 7 below.

 

5.     MEMBERSHIP RENEWAL 

 

If you are a resident of Quebec and are considered to be a consumer under Quebec’s Consumer Protection Act this paragraph may not apply to you, your Membership will automatically renew each year on or around the anniversary of your enrollment date, unless you cancel in advance. If you do not notify us before your Membership fee is charged that you wish to cancel or opt out of auto-renewal, you expressly agree that your Membership will renew for another year. You also authorize GSM, without further notice (unless required by law), to charge the then-applicable Membership fee, applicable taxes, and any currency conversion fees using any credit card GSM has on file for you.

 

If you are a resident of Quebec and are considered to be a consumer under Quebec’s Consumer Protection Act, your Membership will not automatically renew. If you wish to extend your Membership after the initial one (1) year term, you must actively re-enroll at the then-applicable Membership fee. By re-enrolling, you expressly agree and authorize GSM, without further notice (unless required by law), to charge the applicable Membership fee, taxes, and any currency conversion fees using any credit card GSM has on file for you. You can renew your Membership through your online account with GSM (at “Account” at gsmdepot.com) or by emailing support@gsmdepot.com or by calling 1-888-476-4763.

 

You may opt-in to receive membership renewal reminders via email by adjusting your settings in “Account" at gsmdepot.com. If you have opted-in to email reminders, we will send you a renewal reminder prior to the expiration of the then current membership term. If you reside in a state or province where specific renewal notifications are required, you will receive a renewal reminder via email within the applicable timeframe required by law in your state or province. Renewal notifications will include instructions on how to cancel your membership to avoid any future charge.

 

6.     MEMBERSHIP ELIGIBILITY

 

You must be at least eighteen (18) years of age, or at least nineteen (19) years of age in provinces where that is the age of majority, to register for, join, or use the Members Program.

 

GSM reserves the right to refuse membership to any applicant.

 

Membership is subject to these Terms and Conditions, including without limitation, GSM’s Privacy Policy, and to any other rules or policies that may be adopted by GSM from time to time in connection with the Members Program.

 

7.     CHANGES TO MEMBERS PROGRAM AND THESE TERMS AND CONDITIONS

 

If you are a resident of Quebec and are considered to be a consumer under Quebec’s Consumer Protection Act this paragraph may not apply to you, GSM may, in its sole and absolute discretion, change any provision of these Terms and Conditions, including, without limitation, Members Program benefits, exclusions and fees, at any time and without liability, to the extent permitted by applicable law. GSM may notify you of such changes by any reasonable means, including by posting revised Terms and Conditions on this page or on our website offering the Members Program. Any change to these Terms and Conditions shall take effect immediately, unless otherwise provided by GSM or otherwise required or prohibited by applicable law. You may view the current version of the Terms and Conditions at any time on GSM’s website (at gsmdepot.com).

 

If you are a Quebec resident and are considered to be a consumer under Quebec’s Consumer Protection Act, GSM will notify you of amendments to any of the provisions contained in these Terms and Conditions by means of a clear and legible written notice, and such written notice will be sent to you at least thirty (30) days before the amendments come into force, and it will set out exclusively the new clause, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the rights of the consumer set forth and your rights set forth in the paragraph that follows this one.

 

If you are a Quebec resident and are considered to be a consumer under Quebec’s Consumer Protection Act, and if an amendment entails an increase in your obligations or a reduction in GSM’s obligations, you have the right to refuse the amendment. If you do not agree to the amended Terms and Conditions set out in the notice, you may stop using your Members Program benefits and cancel your Membership without cost, penalty, or cancellation indemnity. To do so, you must send us a notice of cancellation or a notice refusing the amendment no later than thirty (30) days after the amendment comes into force by emailing support@gsmdepot.com or by calling 1-888-476-4763.

 

Any such amendments will not apply to any dispute between GSM and you arising prior to the date on which we posted the revised Terms and Conditions incorporating such changes or otherwise notified you of such changes.

 

You may also obtain a copy of the current Terms and Conditions by emailing support@gsmdepot.com or by calling 1-888-476-4763. It is your responsibility to check or review the Terms and Conditions from time to time to keep informed of changes. The "Last Updated" legend above indicates when these Terms and Conditions were last changed.

 

To the fullest extent permitted by applicable law, if you continue to use your Membership after we change these Term and Conditions, or if you do not cancel your Membership as described above, you will be indicating your acceptance of such changes. If any change to these Terms and Conditions is for any reason found invalid, void or unenforceable, such change is severable and will not affect the validity and enforceability of any remaining change or any other provision of these Terms and Conditions.

 

GSM may, from time to time and at its sole discretion, update its contact information,.

 

8.     CANCELLATION

 

If you wish to cancel your membership, you may do so at any time by adjusting your settings in “Account" at gsmdepot.com, by emailing support@gsmdepot.com or by calling 1-888-476-4763.

 

9.     TERMINATION BY GSM   

 

Notwithstanding any of these terms and conditions, GSM reserves the right, without notice and in its sole discretion, to terminate your membership and/or licence to use the website, and to block or prevent future access to and use of the website if you violate any of these terms. Upon termination, these terms shall still apply.

 

If you are a resident of Quebec and are considered to be a consumer under Quebec’s Consumer Protection Act this paragraph may not apply to you, membership may be suspended or terminated by GSM or GSM may decline to renew Membership at any time, with or without cause, including but not limited to failure to comply with these Terms and Conditions or misuse of membership privileges. Such conduct may also result in the restriction or loss of certain benefits associated with the Members Program.  Any such termination may affect eligibility for further participation in the Members Program and/or any other GSM program.

 

10.  ACCURACY OF INFORMATION

 

We expect Members to submit and maintain accurate and current information in connection with their Membership. Such information includes, without limitation, name, address, email address and phone number. Members are responsible for ensuring that all of their account information is up-to-date and accurate. Members can change their Membership information by: (i) updating their Member profile data at “Account” at gsmdepot.com; (ii) requesting an update from a GSM associate at our store at 420 Rue Wright Saint-Laurent, QC H4N 1M6, Canada; or (iii) by calling 1-888-476-4763. We are not responsible or liable for any correspondence (including any physical mail or email) that is lost, delayed or misdirected.

 

11.  COOKIE DETAILS

 

When you visit our website, we store or retrieve information on your browser using cookies and similar technologies, which may be set by us or other companies who provide services to GSM in connection with our websites. Cookies and the information they collect might relate to you, your preferences or your device, and are used to make the website work as you expect them to, store your preferences, help us understand how people use our website, provide a more personalized web experience, and create a profile of your interests in order to show you relevant advertisements or content on other websites with the participation of our advertising partners as described below. For more information about how we use cookies, please see the cookie section of our Privacy Policy.

 

You can choose not to allow certain types of cookies via the settings, but that choice may impact your experience and some features on the website. Your choice is specific to the device, website, and browser you are using, and is deleted when you clear your cookies.

 

12.  ORDERING

 

Orders must be placed through your online account (at gsmdepot.com) and are subject to acceptance by GSM. GSM does not guarantee the availability of any product and reserves the right to limit quantities or cancel orders at its sole discretion, including after an order has been submitted.

 

Receipt of an order confirmation does not constitute acceptance of the order. GSM may require additional information or verification before accepting any order. GSM also reserves the right to refuse or cancel any order that appears to be placed in violation of these Terms and Conditions, or in a manner that suggests misuse or abuse of the Members Program.

 

13.  PAYMENT

 

All orders must be paid in full at the time of purchase using a valid payment method accepted by GSM. All credit card transactions are subject to verification. GSM may cancel or hold orders pending verification of payment or to investigate suspected fraud. Any unauthorized use or abuse of a third party’s payment information, dispute of valid charges, or intentional non-payment may result in legal action and the recovery of any associated costs or damages.

 

Prices displayed do not include applicable sales taxes. Sales tax (including GST and, where applicable, QST) will be added at checkout based on the province or territory of delivery.

 

14.  SHIPMENT

 

Orders will be shipped to the address provided at checkout using a carrier selected by GSM. Standard shipping is available free of charge for all orders delivered within Canada. Members may opt for express shipping at checkout, subject to an additional fee, which will be calculated based on the delivery location. GSM reserves the right to modify available shipping options or associated fees at any time, subject to the applicable law in Canada.

 

Title and risk of loss transfer to the Member upon delivery of the order to the carrier. Shipping costs and estimated delivery times will be provided at the time of purchase. In the event of non-delivery due to carrier delay or error, a waiting period of fifteen (15) business days may apply before a replacement is issued.

 

15.  RETURNS, EXCHANGES AND REFUNDS

 

Items purchased through the Members Program may be returned to GSM within thirty (30) days of the delivery date, provided that they are unused, undamaged, and returned in their original packaging. To return an item purchased through the Members Program Members need to present the receipt or proof of purchase to GSM. All returns must be received and inspected by GSM before any refund or exchange is issued. Please allow two (2) to four (4) business days after GSM receives the returned item for processing.

 

Return instructions and any required return labels will be provided by GSM upon request by contacting us at support@gsmdepot.com .

 

Returns will need to be sent to the following address:

 

420 rue Wright, Montreal, QC, H4N 1M6, Canada

 

Unless otherwise authorized by GSM, refunds will be issued using the same payment method used for the original transaction.

 

If a product arrives in a defective or damaged condition, members must contact GSM customer support by email at support@gsmdepot.com or phone at 1-888-476-4763. GSM will issue a return label for the item to be returned at no additional cost. Once the item is received and inspected, a full refund or exchange will be processed within four (4) business days.

 

Items may be exchanged within 30 days of purchase, provided they are unused, in their original condition, and accompanied by the original receipt or proof of purchase. Exchanges are subject to product availability.

 

16.  DISCLAIMERS AND LIMITATION OF LIABILITY

 

IF YOU ARE A QUEBEC RESIDENT AND ARE CONSIDERED TO BE A CONSUMER UNDER QUEBEC’S CONSUMER PROTECTION ACT, THE EXCLUSION OF WARRANTIES CONTAINED IN THIS SECTION DOES NOT LIMIT YOUR RIGHTS AND REMEDIES UNDER QUEBEC’S CONSUMER PROTECTION ACT, INCLUDING THE RIGHT TO MAKE A CLAIM UNDER ANY OF THE STATUTORY WARRANTIES PROVIDED UNDER SECTIONS 34 TO 54 OF SUCH ACT.

 

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) USE OF THE MEMBERS PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK; (B) THE MEMBERS PROGRAM AND ITS BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (C) GSM AND ALL OF ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, "MEMBERS PROGRAM PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; AND (D) MEMBERS PROGRAM PROVIDERS MAKE NO WARRANTY THAT: (I) THE MEMBERS PROGRAM WILL MEET YOUR REQUIREMENTS; (II) THE MEMBERS PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH YOUR USE OF THE MEMBERS PROGRAM WILL MEET YOUR EXPECTATIONS.

 

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW; (A) GSM WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR APPLICATION FOR MEMBERSHIP IN, YOUR PARTICIPATION IN, YOUR MEMBERSHIP IN AND/OR THE TERMINATION OF YOUR MEMBERSHIP IN, THE MEMBERS PROGRAM; AND (B) THE FOREGOING IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOSS, MISAPPROPRIATION AND/OR THEFT OF DATA, GOODWILL, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OF ANY KIND, ANY OTHER INTANGIBLE LOSSES AND CLAIMS OF THIRD PARTIES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE MEMBERS PROGRAM OR ANY BENEFITS THEREOF; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO IN CONNECTION WITH THE MEMBERS PROGRAM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR MEMBERS PROGRAM DATA; OR (IV) ANY OTHER MATTER RELATING TO THE MEMBERS PROGRAM OR YOUR MEMBERSHIP.

 

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: THE MAXIMUM COLLECTIVE LIABILITY OF GSM FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, HOWEVER ARISING, SHALL BE EQUAL TO THE GREATER OF (1) THE MEMBERSHIP FEES ACTUALLY PAID BY YOU TO GSM IN EXCHANGE SOLELY FOR THE RIGHT TO USE THE MEMBERS PROGRAM IN THE PREVIOUS TWELVE (12) MONTHS; AND (2) TWO HUNDRED CAD DOLLARS ($200.00). EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, THE LIMITATIONS SET FORTH HEREIN SHALL APPLY WITH RESPECT TO ANY THEORY OF LEGAL LIABILITY, INCLUDING BREACH OR REPUDIATION OF CONTRACT, TORT, CIVIL LIABILITY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK DAMAGES FROM GSM AS SET FORTH HEREIN, AND THAT SUCH LIMITATION REFLECTS A REASONABLE ALLOCATION OF RISK.

 

SOME JURISDICTIONS (AND THE LAWS OF CERTAIN JURISDICTIONS), INCLUDING THE QUEBEC CONSUMER PROTECTION ACT, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

14.       INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless GSM and its employees, agents, assigns, successors, contractors, vendors, suppliers, licensors, licensees and sublicensees against all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other charges arising directly or indirectly from the following: (1) your actual or alleged breach of these Terms and Conditions (2) an allegation that any content or other material that you have submitted or transmitted to the GSM website constitutes an infringement, misappropriation or other violation of copyrights, trademarks, trade secrets or any other intellectual property right of a third party; and/or (3) your activities or omissions relating to these Terms and Conditions. 

 

17.  PRIVACY RIGHTS

 

Our privacy practices respecting the information we collect during your visit to this Website are explained in our Privacy Policy that is available on our website, the terms of which are deemed to form part hereof. Please see our Privacy Policy for complete details of the policy. Your continued use of our website implies that you acknowledge that you have also read our Privacy Policy and agree to its terms and conditions and that you consent to our use of your personal information and the content which you provide us through our website and social media, the whole in accordance with our Privacy Policy.

  1. INTELLECTUAL PROPERTY

 

As between you and GSM, all Members Program materials, including all designs, texts, graphics, logos, button icons, images, audio clips, software, and the compilation thereof (including the selection, arrangement and assembly thereof) is the exclusive property of GSM or its licensors, and is protected by Canadian and international copyright and other intellectual property laws. Unless otherwise indicated on a particular part of the Members Program materials, you are granted permission solely to electronically copy and print portions of the Members Program materials for the sole purpose of using the Members Program materials for your personal, non-commercial use, subject to these Terms and Conditions. Any other use of any Members Program materials (including any reproduction, modification, distribution, republishing, transmission, display or performance) without the prior written permission of GSM is strictly prohibited.

  1. NO AGENCY OR PARTNERSHIP

 

You agree that neither these Terms and Conditions nor your Membership in the Members Program create any agency, partnership, joint venture, fiduciary, employment, or other similar relationship between you and GSM.

  1. ENTIRE AGREEMENT

 

These Terms and Conditions, including all documents referenced herein, represent the entire understanding between you and GSM with respect to the Members Program, and supersede any other agreements, statements or representations whether verbal, written or electronic, with respect to the Members Program.

 

  1. HEADINGS

 

The headings used herein are inserted purely for the purposes of convenience or reference and do not affect the construction or interpretation of the Terms and Conditions herein.

 

  1. ACCEPTANCE

 

For greater certainty, any Member of the Members Program is deemed to have accepted these Terms and Conditions and the GSM Privacy Policy.

 

  1. BINDING EFFECT

 

The terms herein shall enure to the benefit of and are binding upon each of the parties hereto and their respective successors and assigns.

 

  1. SEVERABILITY

 

If any provisions of these Terms and Conditions are held invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the other portions hereof, all of which provisions are hereby declared severable.

 

  1. NO ASSIGNMENT

 

You may not assign your rights or obligations herein without the express written consent of GSM.

 

  1. NO WAIVER

 

GSM’s failure to enforce any provision(s) of these Terms and Conditions or to respond to a breach by you or any third party of these Terms and Conditions shall not in any way waive the right of GSM to subsequently enforce any of the Terms and Conditions contained herein or to act with respect to other similar or future breaches.

 

  1. GOVERNING LAW

 

Subject to applicable law, you agree that these Terms and Conditions, as well as your Membership, shall be governed by the laws of the Province of Quebec.