Terms and conditions of use


Thank you for choosing and installing the P2W Start or PW2 Start+ application in the vineyard, winery or logistics version(s) (the “Service”). The Purpose of the Service is to allow the management of the wine production on a software as a service (SaaS) basis in accordance with the terms of the selected service.

These terms and conditions constitute an agreement between you and 8240116 CANADA Inc. (the “Service Provider” or “us” or “we”) regarding your access to the Application and use of the Services (the “Agreement”).

This version of the Agreement has been in force since 1st of March 2017.

This Agreement is legally binding and applies once you download the Application, or access the Application or use the Services, create a user account or confirm your acceptance hereof electronically. You represent and warrant that you are authorized to accept this Agreement both on your own behalf and on behalf of any person or organization you represent.

If you do not unconditionally accept all of the provisions of this Agreement, or if you are not authorized to accept them, you may not access or use any of the Services.

1. Definitions

When used in this Agreement:

1.1Application” means any application, software, website or similar mean used to access the Services;
1.2 "Agreement” means this Agreement, as it may be modified from time to time;
1.3Document” means any file in any format and on any support;
1.4Data” means any information created, generated, communicated or stored through the use of the Application, in providing the Services or otherwise in the course of performance of this Agreement;
1.5Service Provider” or “us” or “we” means 8240116 CANADA INC., a corporation governed by the Canada Business Corporations Act whose head office is located in the province of Québec, Canada;
1.6Identifiers“ means the user name and related password required for accessing the Services;
1.7Privacy Legislation” means the legislation governing the collection, use, storage and disclosure of personal information applicable in your jurisdiction provided you are located in Canada or in the United States;
1.8Privacy Policy” means our confidentiality policy available bellow;
1.9Service(s)” means the access and use of the Application;
1.10User” or “you” means you and the person or corporate entity you are authorized to represent;

2. Right of use

2.1 You are authorized to use the Services only in accordance with the terms and conditions and in the manner expressly provided herein, and in compliance with all applicable laws and regulations.
2.2 Any access to or use of the Services for purposes of resale or lease to a third party is prohibited. We can suspend your right to access the Services, or unilaterally terminate this Agreement, if you do not comply with its terms, or if you engage in inappropriate use of the Services.
2.3 When accessing or using the Services, you must refrain from any act or activity that could affect the accessibility, security, integrity or functionality of the Services or the systems or networks of the Service Provider or any of its subcontractors, as well as refrain from any unauthorized attempt to access the Data or Documents of other users.
2.4 We reserve the right to monitor your use of the Services, including by collecting information relating to your browsing through the Applications. We may also from time to time ask for your opinion and comments on the quality of the Services and may use the information you provide in that regard for our own operational and promotional purposes.
2.5 We reserve the right to refuse to grant access to the Services and Applications to any person on any ground considered legitimate by the Service Provider, in his sole discretion.

3. User Account and Identifiers

3.1 The Services are accessible only to users having Identifiers issued by the Services Provided in accordance with the applicable terms and conditions. For the purposes of accessing the Services, the Identifiers will remain Services Provider’s property and may be cancelled or suspended at its sole discretion without notice at any time, without Services Provider becoming liable to you or any other person.
3.2 In order to create a user account, you must provide the information requested on the registration form, agree to be bound by this Agreement and proceed with the payment of the applicable fees. You will then receive your Identifiers by email. Identifiers are personal.
3.3 You undertake not to assume the identity of a third party or create a false identity, and to update the information provided in the event of any change thereto. The Services Provider may deny access to the Services to any person whose provided information proves to be false or inaccurate.
3.4 The Service Provider has no obligation to verify the real identity or authority of any person who uses the Identifiers to access the Services. The Service Provider may give effect to and act in accordance with any communication made or instruction given using the Identifiers. The Service Provider may nevertheless, at its sole discretion and at any time, verify the identity of any person seeking to access and use the Services, and may deny such access and use in whole or in part, or refuse to give effect to any communication, if not satisfied with the results of the verification.
3.5 By creating a user account, you are confirming that both the electronic address provided by you and your user account (by way of push notification) are active addresses at which you agree to receive documents intended for and sent to you by us, and that the sending of a document to that address or user account creates a presumption that you received the document.
3.6 From the moment the Identifiers are issued to you: (a) you are fully responsible for keeping the Identifiers confidential and secure and for any use thereof; (b) you must maintain the confidentiality and security of the Identifiers at all times and not disclose them to any third party or allow any third party to use them; (c) you must ensure that any use of the Identifiers complies with this Agreement; and (d) you will immediately change your password and will inform us by email at the following address contact@process2wine.com if you know or suspect that your Identifiers have been lost, stolen or are known to or being used by a third party.
3.7 Any use of your identifiers is deemed to having been made by you.
3.8 Service Provider reserves its rights to periodically change the Identifiers for security purposes.

4. Service Terms

4.1 Object – The Service aims to allow you to manage the activities of your wine production.
4.2 Geolocation –The use of the Services may require the activation of the geolocation feature on your mobile device.
4.3 Prohibited use – It is prohibited to use the Services and Applications for Illegal or Illicit purposes or purposes which may disturb public order or in conditions not provided for herein.
4.4 It is also prohibited to use the Services and Applications for the purposes of broadcasting, posting, transmitting or hosting: (i) illegal, illicit, or harmful content; (ii) documents aimed to personify a third party; (iii) documents that infringe the intellectual property rights of Service Provider or third parties; (iv) documents containing computer viruses, malicious software (malware) or spyware (spyware), or any other document that may adversely affect the operation of the Services or an Application or damage facilities and systems of Service Provider and/or of its service providers.
4.5 Fees - You hereby undertake to pay all amounts owed to the Service Provider within the prescribed delays.
4.6 Minimum Requirements – To access and use the Services and Applications, you must have a smartphone, an electronic tablet or a microcomputer having access to the internet network and having a browser software installed.

5. Maintenance and support

5.1 The Service Provider reserves the right to render inaccessible all or part of the Services or Applications for purposes considered reasonable, including for maintenance or update purposes, in the event a competent authority requests so or to prevent any damage or loss.
5.2 Updates may entail modifications to performance and features that may have a negative impact on the Services. The Service Provider cannot foresee or be held responsible for service interruptions or changes in features or performance of the Services following an update.
5.3 The Service Provider will provide support through email only. The number of requests by email is unlimited, but no response time is guaranteed

6. User’s representations

6.1 The User acknowledges that he has received all advice and all information he deemed necessary to ensure the adequacy of the Services and Applications to his needs.
6.2 The User declares having the necessary capacity to enter into this Agreement on his own behalf or on behalf of the person he represents.
6.3 The User declares having all necessary legal, administrative and other authorizations for the use of the Services and Applications.
6.4 The User declares that he will not impersonate a third party in the course of using the Services or Applications.

7. Intellectual Property

7.1 Documents and Data – You are responsible for the content of Documents and Data you publish, transmit or host in connection with your use of the Services or the Applications. You retain all your rights in such Documents and Data. However, by entering any Data or submitting any Document, you thereby give Service Provider (or warrant that the owner of the rights therein does so) and its successors, for the duration of this Agreement, an irrevocable, perpetual, unlimited, non-exclusive, world-wide, assignable, royalty-free licence (which may be sub-licensed) to use, reproduce, transmit, host and save such Data and Documents solely for the purposes described herein, and you agree, represent and warrant that you waive (or warrant that the owner of the rights therein waives) all moral rights in such Data and Documents in favour of Service Provider and its successors.

In the event of the termination of this Agreement, you will be entitled to recover your Data and Documents held by the Service Provider before the effective date of termination and in the format determined by the Service Provider. After the effective date of termination, we do not guarantee that your Data and Documents will remain available.
7.2 Application – Underlying technology – The Services (including all content, headers, graphics, icons, scripts, source code and the layout, arrangement, coordination, image enhancement and any other information in the scripts, graphics, audio and video clips, images, icons, software, designs, applications, data and any other element available in or through the Services) are the property of Service Provider and are protected by Canadian, United States, France and international copyright, trade-marks and other applicable laws. Your use of the Services does not give you any property rights or any other right whatsoever in or in respect of the Services. You may not copy, reproduce, republish, download, display, transmit, modify, index, catalog, decompile, make a mirror image copy or distribute the Services, in any manner whatsoever, in whole or in part, without the written consent of Service Provider.
7.3 Marks – Certain names, domain names, words, sentences, logos, icons or designs appearing on the Applications are trade-marks of Service Provider. Those trade-marks are protected in Canada, United States, France and other countries. Except expressly provided otherwise in this Agreement, this Agreement does not grant you any licence or right to use such trade-marks and their use is strictly prohibited. Our marks include: Process2Wine, P2W, ERTUS, ERTUS Consulting, ERTUS Consulting International.
7.4 Infringement - In the event of a claim regarding the infringement of intellectual property rights of a third party by the Services or Applications, the Service Provider may, in its sole discretion, replace or modify all or part of the Services or Applications or obtain a licence of use for the User. In the latter case, the User shall have executed all of its obligations under this Agreement, notified the Service Provider within five (5) business days of its knowledge of a potential or claim, not have prejudiced the rights of the Service Provider to ensure the defence of the allegations giving rise to the claim and collaborate with the Service Provider in such a defence by providing all documents and information requested by the Service Provider.

In the event that none of the above-mentioned measures are reasonably conceivable, the Service Provider will be entitled to unilaterally terminate this Agreement and shall then refund the amounts paid by the User under this Agreement during the twelve (12) previous months. The terms of this Section 7.4 shall be the only obligations of the Service Provider in case of infringement of the intellectual property of a third party by the Services of the Applications.

8. Confidentiality and Protection of Personal Information

8.1 We will collect, use and disclose your personal information in accordance with the Privacy Legislation and its own Confidentiality Policy.
8.2 Service Provider may modify its Confidentiality Policy from time to time by posting a notice to that effect on the Application. By accepting this Agreement, and each time you use the Services, you consent to the collection, use and disclosure of your personal information by the Service Provider in accordance with the Privacy Legislation and the Confidentiality Policy.
8.3 The Service Provider undertakes to notify you promptly following the occurrence of an event that could compromise the confidentiality or security of your Data or Documents, including any instance of hacking by a third party. In such event, you undertake to take all action necessary to minimize any harm, loss or damage that might ensue.
8.4 The User undertakes to keep confidential all information which was communicated to it by the Service Provider and to return all documents which were provided by the Service Provider as part of the Services.

9. Other Sites

9.1 The Services and the Application may include links or references to the websites of other resources or businesses operated by third parties (collectively, the “Other Sites”). The Other Sites are independent of Service Provider and we have no control over and are accordingly not responsible in any way for their content or related products, services or activities. If you access Other Sites and do business with their operators, you do so entirely at your own risk, and you hereby waive any right to make any claim against Service Provider in respect thereof.
9.2 Service Provider reserves the right to require the withdrawal or deletion of any hypertext link to the Services or an Application.

10. Warranty and Limitation of Liability

10.1 Service Provider undertakes, to the extent commercially reasonable, to provide access to the Services and ensure their availability, but assumes no obligation of result in that regard. In accordance with its obligation of means, Service Provider undertakes to deploy such resources and use such processes and technology as are appropriate in order to provide the Services optimally, in accordance with the terms and conditions provided herein.
10.2 Service Provider assumes no responsibility in that regard other than as may be expressly stipulated herein, and assumes no liability for the content of Documents and Data published and shared through the Application.
10.3 Disclaimer of Liability – You will be accessing and using the Services without any representation or warranty on the part of Service Provider other than as expressly stipulated herein, and you hereby waive any right to claim the benefit of any such other representation or warranty. You hereby acknowledge that Service Provider assumes no responsibility and cannot be held liable for your use of the services or that of any third party, errors in data processing, damages to branding, or for any inability or impossibility to use or access the services, or for any documents published, transmitted to or hosted by the services.
10.4 Verification of results – The Service Provider does not warrant or guarantees in any way the results obtained in using the Services. It is your responsibility to ensure that the Services suit your needs, that you have the necessary skills to access and use the Services and to confirm the validity of the suggestions and instructions obtained through the use of the Services.
10.5 Limitation of Liability – Service Provider will in no event be liable towards you or any other person whatsoever for any loss or damage of any kind, including without limitation, lost data, documents, revenue, profits or goodwill, or damage to the reputation, whether or not foreseeable, whether contractual or extra-contractual, attributable or related to your use or the unavailability of the services and notwithstanding that Service Provider may have been advised of the possibility of such loss or damage. In no event shall the Service Provider be liable for indirect, consequential or incidental damages. The amount of any Damage or recovery due by the Service Provider to the USer shall not exceed the amounts paid to the Service provider by the client in accordance with this agreement during the year in which the incident occurred.
10.6 Indemnification – You hereby undertake to indemnify and hold Service Provider harmless from and against any claim of any kind by any third party for damages, or for any type of recovery, in connection with the content of the Documents and data that you publish and share through the use of the Application and Services. You expressly undertake to indemnify Service Provider for any fees, costs, charges, indemnities or expenses that Service Provider may have incurred in connection therewith, including the professional fees of its legal counsel and other advisors.

11. Miscellaneous

11.1 Commercial reference – The Service Provider may use the commercial name of the User to promote the Services.
11.2 Amendments – Services Provider may amend unilaterally this Agreement from time to time, and notify you solely by posting a notice thereof in the Application, by sending you a notice in conjunction with your use of the Services or by any other means of its choosing. By accessing or using the Services after such notice has been posted or sent, you will be confirming your consent to being bound by the Agreement as amended. If you do not consent to the amendment, you must cease all use of the Services
11.3 Severability - In the event that any provision of this Agreement or part thereof is determined by a court of competent jurisdiction to be unenforceable, such provision, or part thereof, will be deemed to be severed from this Agreement and the remaining provisions of this Agreement will continue in full force and effect and will be binding upon the parties hereto as though such severed provision, or part thereof, had not formed part of this Agreement.
11.4 No Waiver - A party's failure to enforce any right under this Agreement must not be interpreted as waiver of that party's right.
11.5 Assignment – Service Provider may assign its rights and obligations under this Agreement. You, however, may not assign your rights and obligations under this Agreement, or the privileges associated with your user account, in any form or manner whatsoever.
11.6 Termination – Service Provider may, at its discretion and at any time, without prior notice and without incurring any liability towards you or any other person, terminate this Agreement or revoke your authorization to access and use the Services.
11.7 In particular, but without limitations, such termination will occur if you fail to comply with this Agreement, if you make any unauthorized use of the Services, or if it becomes necessary to do so in order to prevent or avoid the occurrence of any harm, damage or loss.
11.8 You may terminate this Agreement at any time by sending a notice by email at contact-na@process2wine.com at least thirty (30) days before the beginning of the month during which you wish the Agreement to terminate. Your notice must indicate the date at which you wish the Agreement to be terminated.
11.9 If this Agreement or your authorization to access or use the Services in whole or in part is terminated for any reason whatsoever, this Agreement as well as any other agreement then in effect between you and Service Provider will continue to apply and bind you in respect of your pre-termination access to and use of the Services and any matter related thereto.
11.10 In case of termination, no refund will be made by the Service Provider and no indemnity shall be payable to the User.
11.11 Force Majeure – The breach of an obligation by a party resulting of an event of force majeure shall not be considered as a default for the purposes hereof. Is considered as an event of force majeure, in addition to the various elements recognized as such by Québec’s courts, blockage, disruption or congestion of telecommunication networks, poor quality of electricity in the relevant areas, interruption of means of transportation or supply in the relevant areas, bad weather, epidemics, earthquakes, fires, storms, floods, water damage and governmental or legal restrictions.
11.12 Applicable Law and Resolution of Disputes – This Agreement, including your right to access and use the Services, as well as any other related matter, are governed by the laws of the Province of Québec and the laws of Canada applicable therein. Any dispute between you and Service Provider arising out of the Services, this Agreement or any matter related thereto will be submitted to the competent Québec court sitting in and for the judicial district of Montréal, province of Québec.
11.13 Communication – We may send you information and offers in connection with the Services to the address you provided when your user account was created or by way of push notifications, or any other address you subsequently provide. You can contact us in writing at contact-na@process2wine.com.


Privacy Policy

This Privacy Policy applies to the information provided by you, including personal and non-personal information that 8240116 CANADA INC. (the “Service Provider” or “us” or “we”) may collect, use and disclose from time to time. This Privacy Policy should be read in conjunction with the terms (the “Terms of Use”). All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Terms of Use.

Service Provider invites you to read the Privacy Policy in order to fully understand your rights and obligations. Service Provider reserves the right to modify the Privacy Policy at any time without notice by displaying such modifications on the Application. The modified Privacy Policy applies immediately when it is posted on the Application.

Service Provider may collect, use and disclose your personal information from time to time, but always in accordance with the legislation governing the collection, use, storage and disclosure of personal information applicable in your jurisdiction provided you are located in Canada or in the United States (the “Privacy Legislation”).

1. Consent to Collection, Use and Disclosure

1.1 No personal information will be collected, used or divulged by Service Provider without having obtained your prior consent, except if it is authorized or required by the Privacy Legislation or any other applicable law. Collection, use and disclosure of personal information by Service Provider is limited to the extent it is necessary to provide or optimize the Services and the Applications.
1.2 Personal and non-personal information may be collected at different times by Service Provider, including when you create an account, when you email us, or when you use the Applications or the Services. For example, each time you visit our website, we gather the date, time, browser type, name of your internet service provider, the site that referred you to us, any pages that are requested, the navigation history on the site and your IP address. The foregoing information does not generally contain anything that can identify users personally. If you object to this gathering or use of information, you should not use or access our Services and Applications.
1.3 We may also collect and use personal information provided by third parties when authorized by law and with your consent.

2. Non-personal Information

2.1 Service Provider may share non-personal information with third parties, namely for research and analysis purposes. When doing so, Service Provider may aggregate or de-identify the information so that a third party would not be likely to link the data to you or your device. Aggregation means that the data of many persons are combined so that the data does not relate to any one person and de-identify means that certain pieces of information that may be used to identify a particular person are removed or changed.

3. Retention of personal information

3.1 We will retain your personal data as long as we reasonably need such data for the purposes for which it was collected or according to the requirements of the Privacy Legislation.
3.2 The personal data we collect is protected by physical and electronic measures as well as appropriate processes. We are making commercially reasonable efforts in order to limit the access to your personal information to the persons who need to have access for the purposes for which the personal data was collected. Your personal data will not be sold to third parties and will not be added to electronic mailing lists without your consent, express or implied.

4. Use of cookies

4.1 Our website may employ the use of “cookies”. A “cookie” is a small line of data that is sent to your Internet browner from a web server and stored on your computer’s hard drive. Cookies can track how and when you use a site. A cookie does not damage your system and identifies your browser, not you personally. If you do not wish to receive a cookie, you may deactivate such function by modifying the setting of your web browser.

5. Access, Accuracy and Correction of Personal Information

5.1 Service Provider makes reasonable efforts to ensure that the personal data it collects be as accurate and complete as required by the purposes for which the personal data is used. You may ask us to have access or to rectify your personal data contained in our file by sending us a written communication by email at contact@process2wine.com or by regular mail accompanied by a copy of a valid ID at the following address:
Data Protection Officer
25 Eckhardt Ave, E
Penticton, BC V2A 1Z5 - Canada
5.2 If your request for personal information entails a significant cost due to time, resources or copying, Service Provider may request you to pay a reasonable fee.
5.3 If you have any questions or concerns about this Privacy Policy, please contact us at contact-na@process2wine.com.