Terms & Conditions
General Terms and Conditions
These conditions govern the use of the web sites or services of iDa-Concept, the-makers.ca, services meaning the set of activities oriented towards the fulfillment of the objectives set by the organization for the benefit of the parties involved. By using the services, you accept these conditions. It is important to note that these terms and conditions are updated continuously, so it is recommended to read them periodically. If you disagree with any part of these terms and conditions, please do not use any of our services.
Your agreement with us. Your relationship is with iDa-Concept, a Canadian company, and you agree to submit to the federal legislation of Canada and the provincial legislation of Quebec. The legislation means any laws, regulations and applicable guidelines such as those related to personal information, export control, data protection, data privacy and intellectual property rights.
Intellectual Property Rights. All copyrights, moral rights, design rights, trademarks, brand images, patents, trade secrets, privacy rights, publicity rights or any other ownership right (certified and unregistered) registered as iDa-Concept and the-makers.ca belong to iDa-Concept and the-makers.ca and/or third parties (which may include you or other users.) Nothing in the Terms gives you the right or license to use any trademark, design right or property registered and controlled by iDa-Concept and the-makers.ca or any other third party except as explicitly expressed in the Terms. You may have additional rights under the law. It is not intended to limit these rights insofar as prohibited by the law.
Eligibility. Only people over 13 years of age and who are legally capable of entering into a binding contract may use our services.
Availability. The pages describing the services are accessible worldwide, but this does not mean that all of them or their features are available in your country, or that the content generated by users through the services is legal in your country. We can block access to certain services (or certain features of the services or content) in certain countries. Your responsibility is to ensure that your use of the services is legal in the country where you live. The services are not available in all languages.
Indemnity. You agree to indemnify and release iDa-Concept and the-makers.ca, as well as its subsidiaries, affiliates, officers, representatives, partners and employees, from any claim or legal action, including attorneys' fees, made by any third party due to or from any content that you upload, post, transmit or make available through our service, the use of the service, connection to the service, the violation of the Terms and Conditions of use or your violation of any rights of any another person or company.
Content. You are fully responsible for your communications and the consequences of their publication, as well as the content and the information you provide, distribute, post, include, link, or otherwise upload to our site. However, although we are not obliged to do so, we reserve the right to take any action in regard to your content when we consider that it may create a liability on our part.
You must not, and by using our services, you agree not to: a) publish material that is registered as copyrighted, unless you are the owner of the copyright or have the permission of the copyright holder to publish it; b) publish material that reveals trade secrets, unless you own them or have the owner's permission to do so; c) publish material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; d) publish material that is obscene, defamatory, threatening, harassing, abusive, or hateful; e) publish sexually explicit images; f) publish material that contains viruses or other computer programs or engines that are designed to harm, injure, interfere with, intercept or expropriate any system, data or information; g) imitate someone else; h) publish a profile and/or projects with the direct intention of driving traffic to an e-commerce website without contextual justification of the reasons that the profile or the project are relevant to the-makers.ca and iDa-Concept.
Security. Users are prohibited from violating or attempting to violate the security of iDa-Concept and the-makers.ca, including attempts to: a) access data that is not authorized or register on a server or account which the user is not authorized access; b) probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization; c) interfere with service to any user or network, including, without limitation, infecting the site with viruses, overloading, spamming or email bombing; d) send unsolicited email, including promotions and/or advertising of products or services.
Registration and passwords. You are responsible for maintaining the confidentiality of your username and password, as well as the use of your registration, whether or not authorized by you. You agree to ensure that you close your account at the end of each session and immediately notify the-makers.ca of any unauthorized use of your username or password.
Fees for services. We can add, delete or change some or all free services from your account at any time. You will be notified of any charges and given the option to continue using or terminate your account. You are responsible for the fees for using these additional services.
Accompaniment. We as iDa-Concept and the-makers.ca commit ourselves to an accompanying assistance but not to the responsibility of planning, managing and controlling the supply of production expected according to the particularities of the organization.
Payment for services. Any payment for service provided on your part will be made considering the particularities of each individual contract, depending on the conditions mentioned by the-makers.ca and iDa-Concept in each of the web sites.
Termination. You agree that the-makers.ca and iDa-Concept may disable your password, account or use of our service immediately, without prior notice, by removing and discarding any content within our service, if we believe that you have violated or acted irregularly on the terms and conditions of use, if you infringe the rights of intellectual property of a third party, or if we are unable to authenticate any information that you have provided to us. Further, you agree that the-makers.ca and iDa-Concept shall not be liable to you or any third party for any termination of access to our service.
SERVICE AGREEMENT BETWEEN THE MANUFACTURING COMPANIES AND iDa-Concept for the Montreal MAKERS
- THE CONTRACTING PARTY presents and delivers to THE CONTRACTOR the plans for the development and production of different design projects which the contractor is capable of producing.
- THE CONTRACTOR will be in charge of the production of each of the production pieces for the Montreal MAKERS event, free of charge initially for THE CONTRACTING PARTY.
- The final value of the product will be determined by the cost of manufacturing, plus 30% (+ taxes). Payment will be made one month after the Montreal MAKERS event. The production costs must be given no more than 2 days following the delivery of the manufacturing plans.
- THE CONTRACTOR agrees not to copy, reproduce or exploit in any way the production plans of the delivered product, in order to respect the rights and utility models (copyright for Designers), to create trust between the parties. Otherwise THE CONTRACTOR voluntarily renounces any legal defense and will pay the total value of the product plus a percentage of 100% on the value of the reproduction rights + a 50% penalty.
- THE CONTRACTING PARTY agrees to accompany and assist in the planning, management and control of each of the products to obtain the results expected during the development of the product, effectively supporting the manufacturing processes adapted to the contractor’s type of production.
- THE CONTRACTOR agrees to manufacture, produce and package the production pieces to be exhibited during the Montreal MAKERS Expo-Gallery, and therefore for each received customer request.
- The terms of duration of the contract are agreed upon by the parties during the satisfactory execution, completion and delivery of each product by THE CONTRACTOR to THE CONTRACTING PARTY.
- Payments for the manufactured products will be delivered 30 days after the end of the Montreal MAKERS fair.
- Payment for each of the products come from the Virtual gallery will be made once every 3 months.
- THE CONTRACTOR also agrees to make contributions to the social security program of his choosing at his own risk, freeing THE CONTRACTING PARTY of all responsibility.
- Parties state as ground for termination of the contract the breach of the obligations of the contracting parties.
SERVICE AGREEMENT BETWEEN CREATIVES AND iDa-Concept for the Montreal MAKERS
- THE DESIGNER presents and delivers to THE CONTRACTING PARTY the delivery plans approved by the Montreal MAKERS group to be produced for the Montreal MAKERS exhibition.
- THE DESIGNER concedes to THE CONTRACTING PARTY, iDa-Concept, the rights of administration, promotion and marketing of the plans of each of the products designed to be produced by the producer chosen by the Montreal MAKERS group as manufacturer and producer.
- THE DESIGNER authorizes THE CONTRACTING PARTY, iDa-Concept, to spread, produce, reproduce, promote and manage his product.
- THE DESIGNER agrees not to reveal any information relevant to the development of the ongoing project or projects and that are active on the iDa-Concept platform and that are spread, promoted and managed by THE CONTRACTING PARTY.
- THE DESIGNER voluntarily waives all rights and exploitation of each project delivered to THE CONTRACTING PARTY to be marketed, managed and spread, unless the designer assumes the risks and the manufacturing costs of the product.
- THE DESIGNER voluntarily renounces any type of legal action against THE CONTRACTING PARTY or its legal representative, in the event of plagiarism of the project, unless the designer assumes the risks and the manufacturing costs of the product.
- THE CONTRACTING PARTY agrees to spread, market and manage all the design projects promoted on the iDa-Concept site in the iD@’s section.
- THE CONTRACTING PARTY agrees to ensure the intellectual property of each of the projects delivered by THE DESIGNER to THE CONTRACTING PARTY, but is not responsible in the event that some of the products are copied.
- The profit from the product sold is fifteen percent (15%) of the total value of the sale of the produced product once all legal and extralegal costs incurred in the preparation of each product are deducted.
- THE CONTRACTING PARTY, iDa-concept, is not responsible for the taxes incurred by the money collected in the host country and the shipping costs in favour of THE DESIGNER.
- THE DESIGNER places the product under the 3A. marketing scheme presented in the International MAKERS project matrix document.
- The terms of duration of the contract are agreed upon by the parties during the satisfactory execution and completion of the project by both parties.
- THE DESIGNER also agrees to make contributions to the social security program of his choosing at his own risk, freeing THE CONTRACTING PARTY of all responsibility.
- Parties state as ground for termination of the contract the breach of the obligations of the contracting parties.