TERMS & CONDITIONS
Welcome to the FlipNpik’s website. This Website is to be used exclusively for information and personal usage. Your usage of this Website is subject to applicable laws and the conditions contained herein, all of which constitute a legal agreement between you and FlipNpik with respect to access and usage of the Website (hereinafter the “Terms and Conditions”). By accessing and using the Website, you accept all conditions provided herein and must fully uphold them.
“FlipNpik” refers to the company Geekco Technologies inc., headquartered at 2250 St-Martin E. blvd, Laval (Quebec) H7E 4R4, Canada, as well as to its partners and affiliated companies.
“Website” refers to FlipNpik’s Website, accessible at https://www.flipnpik-na.com/ as well as its functions, Websites, services or associated websites.
“Personal Information” refers to personal identifying information and all or sets of information related to personal information of the User that allow it to be easily identified, except for Personal Information that the User chooses to display in the Website’s public section.
“Person” refers, as applicable, to an individual, a company of people, a joint-stock company, a co-operative, an association or any other organization that does or does not possess its own legal personality.
“Services” refers to online or mobile services, Websites, software or other products or services provided by or in connection with FlipNpik
“User” refers to the Person using the Services offered by FlipNpik through its Website.
The Website and its various services are the exclusive property of FlipNpik, who manages it. In exchange for the express acceptance of the usage terms herein, and subject to adherence to this agreement, FlipNpik grants the User a non-transferable, non-exclusive and revocable right access and use the Website.
FlipNpik always remains the sole holder of databases, programming codes or any other intellectual property related to the Website.
By using the Website and its content, the User expressly agrees to the usage terms herein. Should the User not agree to one or more of the terms provided herein, the User must not use the Services.
The User may not use the Website in any manner that would: i) affect the Website’s resources or its availability to other users, ii) compromise the system’s integrality or its security, iii) violate any local, federal or international law; or iv) delete or modify any of the Website’s content.
FlipNpik reserves the right to terminate, at its sole discretion, the Terms and Conditions as well as the User’s right to browse and use the Website or a part thereof, without having to give prior notice.
The User acknowledges that the Services and all Information and documentation found in the Website, including, without limiting the above, software, images, text, graphics, illustrations, logos, trademarks, copyrights, photographs, videos and any other intellectual property rights related thereto (referred to as “Content” hereinafter) are the exclusive property of FlipNpik. The User is prohibited from copying, reproducing, modifying, reusing, transmitting, distributing or publishing any Content from the Website or related to the Services without obtaining the prior written consent of FlipNpik. FlipNpik reserves all copyrights related to the Service and Website Content.
The User acknowledges that usage of the Services is limited to the User’s personal usage and not for commercial usage, unless express written consent has been obtained from FlipNpik for another usage.
Any Content from the Website is protected by Canadian laws regarding Intellectual Property. FlipNpik grants you a restricted license that allows you to display on your mobile phone or tablet, to use the Content exclusively for non-commercial, personal or educational purposes, under the condition that you will not modify this Content and will include with each copy of this Content, and display on it, a corresponding copyright notice and the restricted license.
The license granted is limited. Therefore, you may not display, copy, reproduce, modify, adapt, translate, store, transmit, distribute, sell or use Content from the Website for purposes other than those listed herein and without obtaining prior written authorization from FlipNpik
You are also prohibited from “screen scraping”, “database scraping” or any other activity with the goal of collecting, storing, manipulating or reorganizing Website data or data from any part of the Content in any form or by any means whatsoever.
You are also forbidden from selling, renting, transferring without license or using the Content, in whole or in part, for commercial, public or non-personal reasons. You are also prohibited from using the Website to damage, harm, overload, deactivate or otherwise alter the Website or any service, account, server, network or resource, connected to or accessible from the Website.
Without limiting the above, FlipNpik remains the owner of the copyright to all Content displayed on the Website or has the respective usage license.
By using FlipNpik services, the User authorizes the collection, usage and sharing of their Personal Information for other purposes, in particular, but without limiting the above, to improve your experience on the Website. This consent is considered granted once the User accepts the usage terms herein.
FlipNpik may collect, use, store or share a User’s personal information without their consent or knowledge, when it is allowed or required by law. Personal Information may also be used and shared, if need be, in order to enable FlipNpik to comply with the law and regulatory requirements.
The User, and not FlipNpik or its partners, acknowledge being completely and fully responsible for any content they download, publish, list, send by email, transmit or make available via this Website, which may act as a passive channel for distributing and publishing their content online.
Any communication or content that the User publishes or lists on this Website or transmits to FlipNpik by email or by other means, including but not limited to all entries for competitions or raffles, tests, questions, comments, suggestions, etc. is and will be treated as non-confidential and non-exclusive and may be used by FlipNpik and its providers (and their respective affiliated companies, agents or subcontractors) and those of other users to, including but not limited to: reproduce, modify, share, transmit, publish, disseminate and advertise displays or media promotions, currently known or designed or created at a later time, without needing another authorization, consent, payment or other exchange, unless prohibited by law.
The User is responsible for the content of the information shared in the context of using this Website; such information may at no time be false, inaccurate or misleading, immoral or illegal. The User is also responsible for updating their Personal Information held by FlipNpik on the latter and which has been shared during member registration.
FlipNpik reserves the right to remove content when there is reason to believe that a User has violated the usage terms herein.
THIRD PARTY CONTENT
The Website may contain links to third-party websites, content or advertisements. Links are provided for the convenience of Users and do not constitute an approval of third-party websites, content or services. FlipNpik does not control third-party websites and may under no circumstances be held liable for the content on these sites. Any User who accesses third-party websites or Website does so at their own risk; FlipNpik does not verify information contained on third-party websites and Websites.
Users acknowledge that by using the Website, they may not:
● Transmit any anonymous message or a message under a fake name;
● Transmit any illegal or otherwise objectionable content of any nature;
● Transmit any message that shares private or personal matters of any Person;
● Transmit any information, file or software that may contain a virus or any other virus or harmful element.
LIMITATION DE RESPONSABILITÉ
The User acknowledges that the Services are provided as-is and FlipNpik rejects any explicit or implicit guarantee on the Services and content on the Website.
Although FlipNpik takes the necessary measures to ensure the accuracy and reliability of the content on its Website, it does so “as-is” and “as available”, not providing any guarantee or stipulation of any nature whatsoever. FlipNpik expressly rejects any statement or guarantee that the Website is free of errors, viruses or other harmful elements.
FlipNpik may not be held liable for any damages or harm stemming from usage of the Services, including but not limited to any damages or harm caused by usage, including and not limited to inability to use Services or the Website, an inaccuracy, error, omission, performance delay or computer virus.
FlipNpik expressly rejects any liability regarding the material on its Website. In particular, this material includes:
● Information of a general nature, which is not intended to consider the specific circumstances of one Person;
● Incomplete, non-exhaustive, inaccurate information or information that is not up to date;
● Any information from external sites FlipNpik does not control;
Without limiting the above, FlipNpik or its affiliates are entirely free of any liability regarding the following:
● Errors or Website (or server) downtimes or those that result in an interruption, stoppage or an operational malfunction of third-party Internet services or telecommunication services;
● For any content displayed by a User or third party, including but not limited to errors or omissions in the content or for any damage or loss of any kind due to the usage of such content that has been displayed, listed, emailed, transmitted or made available on the Website.
Without limiting the above, FlipNpik may not be held liable for any delay in the performance of its obligations or the non-performance thereof in accordance with these Terms and Conditions or related to any transaction or order made on its Website
Should certain limitations mentioned above be found not to be applicable due to applicable law, FlipNpik’s liability toward the User for damages and claims of any kind whatsoever will be limited to the amount that the User has paid for the Services.
The User acknowledges and expressly accepts that usage of this Website is done so at their own risk. The User agrees to defend and hold harmless FlipNpik as well as its directors, officers, trustees and employees against obligations, expenses and costs, including reasonable lawyer fees, related to a non-compliance with the usage terms herein by the User or any other Person using their account.
FlipNpik reserves the right, at its sole discretion, to modify, suspend, terminate or interrupt any aspect of the Services at any time, including the availability of any feature of the Services or of its content or to impose limits on certain features or certain aspects of the service or to limit a User’s access to all or certain parts of the service for any reason considered reasonable by FlipNpik, without having to give prior notice or incurring any liability or obligation to reimburse costs paid. Without limiting the above, FlipNpik may, at its sole discretion, limit any User’s access to the Services should such User not comply with the usage terms herein.
FlipNpik reserves the right at any time to share any information necessary to comply with any law or with any applicable regulation, with any legal procedure or with any government request and to modify, refuse to display, or delete, in whole or in part, any information or element at its sole discretion.
The Terms and Conditions herein with respect to the Services on the Website constitute the entirety of the agreement made between the User and FlipNpik The Terms and Conditions herein are governed by the laws of province of Quebec where they are applicable. FlipNpik will send all notifications to the User through the email address they have provided. If your usage of the Website results in a dispute, this will be resolved in accordance with applicable laws by a competent court with jurisdiction in Laval.
FlipNpik may modify the usage terms herein at any time, without having to give notice, by uploading the modified terms on the Website. A User that continues to use the Website after these usage terms have been modified thereby accepts the new usage terms.
The version of these Terms and Conditions that is applicable for each transaction you make with the Website is that in effect at the date and time at which the User finalized the transaction, as displayed on the Website at that time. Each time, the User thereby accepts the terms for that transaction, in particular the Terms and Conditions herein.
If you have any questions regarding these terms, please contact us by using one of the following methods:
Geekco Technologies inc.
2250 St-Martin E. blvd,
Laval (Quebec) H7E 4R4, Canada
© 2019, Geekco Technologies inc.
Last updated: September 2019